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Family Law Blog New City, New York

News and insights about divorce and family law in New York.

The 4 Basic Steps in New York’s Child Custody Mediation Process

Child custody agreements don’t have include bitter court battles; with the help of an experienced New York child custody mediator, you can achieve a custody and visitation schedule that is right for your family in just 4 easy steps.

Step 1: Choose the right mediator and have initial meeting

First, choose the best mediator for your needs. Your mediator should have experience mediating child custody cases similar to yours, be able to provide information and answer questions in an accessible way, and excel at both compromise negotiation and communication.

At your initial meeting, your mediator will discuss the mediation process including what to expect during future conversations, explain certain rules that apply to mediation such as confidentiality, and answer any questions you or your spouse may have.

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Parenting Plan Modifications

Whenever a couple with children divorce, a parenting plan helps facilitate the transition by outlining the terms of custody and visitation as well as other issues that affect their child. Once the parenting plan is accepted by the court, it is official and enforceable: violations of the parenting plan have serious consequences, including loss of custody.

If, however, one or both parents want to change the original parenting plan, the court allows for modifications in most circumstances. New York law provides parents with 3 options for parenting plan modifications: coming to an agreement on their own, using custody mediation, or litigating the proposed modification in family court.

The easiest way to modify a parenting plan is when both parents agree with the changes: the modified parenting plan is simply filed and (usually) accepted by the court.

When couples don’t agree on the proposed changes to the parenting plan, they can either choose to use a custody mediator or to take their case to family court.

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The Effect of Alcohol and Drug Use on New York Custody Cases

Whether you are concerned about the alcohol or drug use of the parent of your child, or your own use has been questioned, alcohol and drug use can impact your New York custody case.

The use of drugs and alcohol can affect the entire family; however, the impact of parental alcohol or drug abuse can be especially devastating to a child. Like all legal cases involving children, the court’s objective is to come to a custody arrangement that is in the best interest of the child. Because parental substance abuse can deprive the child of stability, safety, and a healthy relationship with the using parent, the court takes parental drug and alcohol use seriously.

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Getting Custody of Your Children Back in New York

Losing custody of a child is devastating: whether you have lost all custody rights or are simply unhappy with your current custody order, having restricted access to your child doesn’t have to be permanent. With the help of a qualified and experienced New York family law attorney, you can regain custody or change your current custody agreement in certain circumstances.

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3 Tips on Sharing Child Custody During the Holiday Season

The holiday season is here!

No matter which holidays you celebrate, or how far in advance you begin preparations, the holiday season is always busy and stressful. But when you share custody of your children with an ex, the holiday season can turn into a battleground when conflicting family events put your co-parenting arrangement to the test.

Minimize conflict with your ex by following these 3 simple tips on sharing custody during the holiday season:

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