Tag Archives: Non-Custodial Parent

Jewish Custody Determinations by the Secular Court

Jewish Custody Determinations by the Secular Court by Joshua Katz

{8:00 minutes to read} “When a person has a judgment adjudicated by gentile judges and their courts, he is considered a wicked person.” Rambam, Hilchos Sanhedrin, 26,7.

As a custody litigator, my cases invariably involve litigants whose emotions run high while they battle over who is the most appropriate parent. An extra layer of complication comes into play when the secular courts are confronted with issues of religious observance as they affect the best interests and moral wellbeing of children. While the secular courts cannot make rulings based upon their interpretation of religious dogma, the courts are invariably faced with situations where they must assess the religious practices of the parties in reaching a decision as to issues of custody and parenting rights.

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How to Win a Custody Battle

How to Win a Custody Battle by Joshua Katz

{2:35 minutes to read} Winning a custody battle is all about your lawyer’s presentation to the judge.

Recently, I was talking to a wise judge who explained that deciding on a custody case is almost always an easy task. When there is one good parent and one bad parent, the decision is simple. When both parents are good parents, you cannot make a wrong decision; whatever the decision is, the children will be fine.

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7 Things Divorced Parents Need to Know About Relocating

7 Things Divorced Parents Need to Know About Relocating by Joshua Katz

{4:20 minutes to read} Under New York Law, a custodial parent cannot relocate to another state without consent from the other parent or a court order.  

Imagine you are a single parent who has been offered a great job in Denver. You might be ready to pack your bags – but, not so fast. Unless you have consent from the other parent, it will be up to the court to decide whether you can move. This may be true even if you have “sole custody” of the child(ren)!

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Traveling with Children? Make Sure You Read This First!

Traveling with Children? Make Sure You Read This First! by Joshua Katz

{2:20 minutes to read} What rights do custodial and noncustodial parents have to take their children on domestic or international trips?

Custody/visitation agreements and court orders should be as detailed and specific as possible. Agreements should specify whether or not either parent needs consent from the other parent prior to taking the child on a trip.

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Supervised Visitation: When Is It Best for the Child?

Supervised Visitation: When Is It Best for the Child? by Joshua Katz

{2:10 minutes to read} Normally, a child’s best interests are best protected by allowing the development of the fullest possible healthy relationship with both parents. However, if one parent places the child’s physical safety at risk, or the parent is having some other kind of negative impact on the child’s emotional well-being, supervision of visitation can be imposed.

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Legal vs Residential Custody: What Should You Know?

Legal vs Residential Custody: What Should You Know? by Joshua Katz

{3:05 minutes to read} When discussing custody with a client, it must be clear that there are two different facets: legal and residential.

  • Residential custody defines where the children will primarily reside; and
  • Legal custody concerns the decision-making authority for the children.

Generally, children will reside with one parent and visit with the other. The main issue to work out, with residential custody, is the parenting plan. How much time, and when, the children will visit with the non-custodial parent needs to be established.

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