Recent Posts in Child Custody Category

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  • What Can I do if My Ex Wants to Go Out of the Country with My Kids?

    Posted By Eiges & Orgel, PLLC || 23-Aug-2017

    Now that it’s summer and the kids are home, you might be thinking of getting away for a family vacation. For many divorced couples, figuring out a vacation custody agreement can be a difficult challenge. This is especially true when both parents can’t agree on custody arrangements for traveling out of country. Usually, a court order for vacations with a minor child will often restrict ...
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  • Giving Your Children Custody of Your Home after Divorce

    Posted By Eiges & Orgel, PLLC || 2-Jun-2017

    Divorces when there are children involved are undoubtedly some of the most difficult and complicated situations for families to handle. When two parents decide to separate, children are often left in the middle, wondering how and why their lives are going to drastically change. With so much instability, the entire family unit can be disrupted in a way which may leave children emotionally scarred ...
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  • What Can You Do If Your Ex Violates Your Child Custody Agreement?

    Posted By Eiges & Orgel, PLLC || 22-May-2017

    Violating a custody agreement is a serious issue, and could lead to harsh consequences for the offending parent. Not only is it a violation of a court order, but changing custody arrangements can have a severe impact on your child, leading to emotional distress and hurt feelings. In order to handle the situation, consider the following options. Talk to Your Ex Try discussing the issue with your ...
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  • Non-Biological Parents May Now Seek Visitation or Custody

    Posted By Eiges & Orgel, PLLC || 9-Dec-2016

    As a New York family law attorney, I have spoken to many members of the LGBT community over the years who were the non-biological parent of a child conceived by their partner. Until recently, I had to advise them that if they did not adopt the biological child, they would lose their rights to visitation or custody in the event of a breakup with their partner. However, a decision rendered in August ...
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  • Modifying an Existing Child Custody Arrangement

    Posted By Eiges & Orgel, PLLC || 28-Nov-2016

    The best interests of a child are central to any decision about child custody, but their needs – and their parent’s ability to meet those needs – may change over time. When this happens, either parent may request a modification of the child custody arrangement. In general, if the terms concerning child custody have been agreed and included in a separation agreement, they will not ...
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  • What Happens if Your Ex-Spouse Refuses to Comply with a Court Order?

    Posted By Eiges & Orgel, PLLC || 24-Oct-2016

    If you have recently been through a divorce, you may be aware that just because you have a divorce decree does not mean that you don’t ever have to think about your divorce ever again. Even with legal documents, a spouse may refuse to comply with court orders involving matters such as property division, child support, visitation, child custody, or spousal maintenance. This, obviously, can ...
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  • Child Custody: Post-Divorce Relocation with Your Child

    Posted By Eiges & Orgel, PLLC || 29-Sep-2016

    A custodial parent may wish to relocate with their child for any number of reasons. Perhaps they wish to be closer to friends or extended family, or they may have accepted a job offer or transfer that will afford them better future opportunities. Whatever the reason, relocation is a bit more complex for a divorced parent than for other parents because they must consider how their move will affect ...
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  • How Do Military Parents Handle Child Custody Issues?

    Posted By Eiges & Orgel, PLLC || 23-Aug-2016

    Appointing a Temporary Guardian for Your Child If you are being deployed and want your children to live with another family member, you have several different options. That family member can petition for guardianship or custody of the child in family court, you can sign a letter giving that family member temporary decision-making rights for the education and health care of your child, or you can ...
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  • Paternity: What is the Legal Significance?

    Posted By Eiges & Orgel, PLLC || 15-Dec-2015

    The term “Paternity” refers to the legal relationship between a father and child. In many cases, paternity is a legal assumption. In other situations, the child’s parents must establish paternity. Without establishing paternity, the father has no legal right or obligation to the child. Thus, paternity is a mutually beneficial legal relationship, providing the father the right to ...
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  • How is Grandparent Child Custody Determined?

    Posted By Eiges & Orgel, PLLC || 7-Dec-2015

    In many complicated divorce and family situations, grandparents feel the need to step in and protect the rights and futures of their grandchildren, especially if the children are suffering mentally, emotionally, and in some cases, physically. Oftentimes, these grandparents will try to attain custody of the grandchildren. While this option may be best for some children, many grandparents find it ...
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  • Return Petition Pursuant to the Hague Convention

    Posted By Eiges & Orgel, PLLC || 11-May-2015

    Return petitions are brought pursuant to the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980 (the “Convention”) and the International Child Abduction Remedies Act (“ICARA”). ICARA is the enabling instrument, which provided for the procedures for the implication of the Convention and established the authority of the ...
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  • Enforcement of Foreign Support Orders in New York

    Posted By Eiges & Orgel, PLLC || 4-May-2015

    The Family Court is vested with exclusive jurisdiction to hear and determine proceedings commenced pursuant to the Uniform Interstate Family Support Act. The most important provision, Family Court Act § 580-201, establishes far ranging jurisdiction over non-resident respondents who may be responsible for support. If a foreign national has a child support order against a New York resident the ...
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  • Understanding Child Custody

    Posted By Eiges & Orgel, PLLC || 19-Feb-2015

    So you and your spouse are splitting up, but what about the kids? When divorcing, it’s imperative to understand the nuances of child custody and what they mean for you and your family. Best Interest of the Child: New York Domestic Relations Law §70(a) dictates that: “in all cases there shall be no prima facie right to the custody of the child in either parent, but the court shall ...
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  • Attorney Ken Eiges Represents Bode Miller's Former Girlfriend in Bi-Coastal Custody Battle

    Posted By Eiges & Orgel, PLLC || 15-May-2013

    Represented by Attorney Ken Eiges, Bode Miller's ex-girlfriend will fight for custody of her 3-month-old son with the Olympic skier. According to news sources, Miller wanted to conduct the custody battle in California, instead of New York, where the child and his mother currently live. The skier's attorney said that "New York is an inconvenient forum." Miller married his current ...
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  • UCCJEA, Full Faith and Credit and DOMA

    Posted By Eiges & Orgel PLLC || 1-May-2013

    The Full Faith and Credit Clause in Article IV of the United States Constitution is invoked primarily to enforce judgments. The clause states "Full Faith and Credit shall be given in each State to the public act, Record, and judicial Proceeding of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, records and Proceeding shall be proved and the ...
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  • Changing an Infant's Surname-Use the Best Interest of the Child Standard

    Posted By Ken Eiges || 22-Jan-2013

    Civil Rights Law §63, allows an infant's name to be changed if there is no reasonable objection to the proposed name and that the change will substantially promote the best interest of the child. When deciding if a noncustodial parent's objection to the name change is reasonable a court will ask if the parent's concerns have to do with the best interest of the child or for some ...
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  • Relocation of a Child by a Custodial Parent

    Posted By Ken Eiges || 17-Jan-2013

    In New York, when courts decide family issues concerning children, they will turn to the "Best Interest of the Child" Standard. In deciding whether to grant a custodial parent's request to relocate with their child(ren), New York Courts will balance several factors in deciding if the relocation will be in the best interest of the child(ren). The leading case, Tropea v. Tropea, 81 ...
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