A spouse must weigh the cost of divorce, the question arises, is it worth the price of paying attorneys and dividing up all the assets or should I just stick it out? Very often a person may come into my office for a consultation to determine, is it “worth” it to get divorced. People may tell me they have been miserable in their marriage for a long time, but have children to consider, among other [...]
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I hadn’t seen a case like this before. Two women were divorcing, and fighting over which parent would get custody of the children on Mother’s Day. One parent was the biological mother; the other was the non-biological, but legal and psychological mother. Each one argued that the annual May holiday honoring mothers should be her day with the kids. I suggested that one mother could celebrate with the kids on Mother’s Day, and the other could [...]
Is it really in your best interest to post intimate photos of your ex—or of yourself? I’ve heard this question asked recently: “How can I get my ex to stop posting nude photos of themselves with their new love interest on social media? They are hurtful to me, and the children may eventually see them.” This is a kind of flipside to so-called “revenge porn,” in which one former partner reacts to a bitter break-up [...]
If you’ve taken a break from your career to raise children, you should assess your prospects before the divorce is final. After settling her divorce with another law firm, a new client came to me with custody and support issues that arose afterward. Trained as a registered nurse, she had not worked since the early ’90s, when she got married and started raising children as a stay-at-home mom, comfortable in the security of her husband’s [...]
Children grow up, their needs and schedules evolve – and custody arrangements should evolve accordingly In one family whose custody case I worked on, an elementary-school child grew up to be a middle-school child, and the parenting schedules in the original agreement didn’t work any more. For one thing, the young teen’s newly complex sports schedule no longer fit the joint-custody arrangement the parents had hashed out two years earlier. And a burgeoning social life [...]
In my family law practice, I often encounter families struggling and in conflict because of the passing of a family member who died without a will (or trust agreement) specifying how to distribute the deceased person’s property and assets. It is widely reported that in the U.S. more than one half of the adult population is without a Last Will and Testament (or a trust agreement) that specifies how to distribute an estate after death. [...]
The American Psychiatric Association defines 10 personality disorders in its Diagnostic and Statistical Manual of Mental Disorders (DSM-5). These disorders are grouped into 3 clusters: Cluster A: (Odd, Bizarre), Eccentric, Paranoid, Schizoid; Cluster B: (Dramatic, Erratic): Antisocial, Borderline, Histrionic, Narcissistic; Cluster C: (Anxious, Fearful): Avoidant, Dependent, Obsessive-Compulsive. (For a comprehensive description of personality disorders described in the DSM-5 click on this link: https://www.psychologytoday.com/us/blog/hide-and-seek/201205/the-10-personality-disorders) Family court proceedings where child custody disputes include family violence and abuse most often [...]
Sources and Further Reading Surviving Custody Disputes as a Bipolar Parent | Bipolar Lives Bipolar Lives › Get Support › Scholarships Parents with Bipolar Disorder face unique challenges when confronted with custodial disputes. Courts see mental health issues as a severe handicap in parenting. https://www.bipolar-lives.com/surviving-custody-disputes-as-a-bipolar-parent.html Psychiatric Genetics in Child Custody Proceedings: Ethical, Legal, and Social Issues – NCBI – NIH https://www.ncbi.nlm.nih.gov › articles by M. Sabatello · 2016 Jun 30, 2016 · This [...]
Domestic violence may be present in divorce proceedings and cannot be ignored. This section contains basic information and other resources that can help you understand the legal issues involved and your rights if you are a victim of domestic violence and are seeking a divorce in New York State. I have also included references to organizations that provide support, protection, and assistance to individuals who suffer domestic violence. New York State defines domestic violence (DV) [...]
In New York State Every Child Has the Right to Support from Both Parents The Child Support Enforcement Program in New York State is administered by the NY State Office of Temporary and Disability Assistance. Find it at: https://www.ny.gov/services/pay-child-support This program may assist you by providing help to: Establish legal fatherhood for a child Find a noncustodial parent Obtain a support order from the court for a child, including provisions for health care coverage, as [...]