Recent Posts in Child Custody Posted By Samuelson Hause & Samuelson, LLP 15-Aug-2017 New York Child Custody & Relocation Cases Following a divorce, it is not unusual for a custodial parent to want to relocate to a different county or even a different state. Understandably, such a move can certainly affect a child’s relationships with friends, extended family, ... Continue Reading Posted By Samuelson Hause & Samuelson, LLP 27-Mar-2017 Establishing Paternity in New York When a child is born to parents who are married, the law automatically assumes that the mother's husband is the child's legal father. However, when a child is born out-of-wedlock, the child does not have a "legal father" until ... Continue Reading Posted By Samuelson Hause & Samuelson, LLP 8-Dec-2016 Surviving the Holidays as a Co-Parent The holiday season is a stressful period for any family with young children, but for parents who has recently divorced or are going through a divorce, the holidays can be a particularly harrowing time of year. Below, we take a look at three tips all ... Continue Reading Posted By Samuelson Hause Samuelson Geffner & Kersch, LLP 1-Sep-2016 Top 4 Child Custody Mistakes Parents Make While the courts now leave many child custody decisions up to couples who can work together and create parenting plans, there are still instances when common ground cannot be reached and a judge must make a determination. In these child custody ... Continue Reading Posted By Richard Hause 6-Aug-2014 Are a Parent's Sexual Practices a Basis for Finding Them to be Unfit as a Parent? Divorce can be an extremely emotionally charged period of a person's life, complete with feelings of uncertainty, betrayal and mistrust. One of the most important issues that must be dealt with during a divorce is custody and visitation of the ... Continue Reading Posted By Elliot D. Samuelson 18-Jun-2014 Relocating Children After an Initial Custody Award One of the most difficult decisions to make after you have been awarded custody, and wish to relocate within miles of your residence, or to a distant state or foreign country is the effect such move will have on the child. To do so would necessarily ... Continue Reading Posted By Elliot D. Samuelson 30-May-2014 PLANNING FOR CUSTODY BEGINS AT THE TRIAL LEVEL Many lawyers plan for a custody trial without any regard for the appellate division later revisiting the minutes and concluding that there is nothing in the record to obviate the decision of the trial judge. Expressed another way, the evidence ... Continue Reading Posted By Samueson, Hause & Samuelson, LLP 11-Feb-2014 Parental Alienation Case Successfully Litigated Samuelson, Hause & Samuelson, LLP was successful in obtaining sole custody for a client, the father of a teenage daughter, in a change of custody proceeding. In this case, the parents never married, the mother lived out-of-state in the South, and ... Continue Reading Posted By Elliot D. Samuelson 6-Sep-2013 What You Should Expect when You Hire a Matrimonial Attorney One of the most important aspects of your divorce representation is not only to select an experienced lawyer but to choose competent and well respected expert witnesses. These may include a forensic accountant, an economist, or a business broker who ... Continue Reading Posted By Elliot D. Samuelson 2-Aug-2013 Tips on Negotiating Custody and Visitation Agreements Nothing is more important in custody litigation then to get what you have bargained for. Although at the time of such negotiations you will be anxious to compromise and reach an agreement in order to avoid the emotional trauma and expense that a ... Continue Reading Posted By Elliot D. Samuelson 19-Jul-2013 WHICH PARENT GETS DECISION MAKING IN A CUSTODY DISPUTE A recent case decided in the Appellate Division Second Department makes clear that in custody litigation, the court can award sole custody to one parent, while providing for decision making in specific areas of the child's life, to the other. See ... Continue Reading Posted By Elliot D. Samuelson 21-Jun-2013 Court Requires Hearing in Custody Modification In past postings to this Blog we have discussed the need to draw thorough legal papers in order to convince the court that a hearing is necessary to decide the issue of a modification of a custody and visitation order, so as to avoid a dismissal on ... Continue Reading Posted By Elliot D. Samuelson 15-May-2013 Mother Refused Permission to Relocate Children Because we are living in a mobile society, the problem of a move to a distant state (and sometimes even a country) is a vexing problem, both for the parents and the courts as well. As this blog has commented on this issue before, advising never to ... Continue Reading Posted By Elliot D. Samuelson 1-Apr-2013 Modifying Stipulations with Respect to Custody and Visitation Many times couples who are in litigation over either custody, visitation, or relocation of children to a distant residence, do so without sufficient thought of entering a settlement stipulation and having the court "so order" or direct ... Continue Reading Posted By Elliot D. Samuelson 18-Jan-2011 Permanent Spousal Maintenance A recent case (January 18th, 2011) makes clear that in a proper case, permanent maintenance may be awarded. In Bayer v. Bayer, that involved a husband in a long term marriage populated with children, who was a high earning doctor, and a corresponding ... Continue Reading Posted By Elliot D. Samuelson 18-Dec-2010 Drug and Alcohol Testing in Custody Cases There are many instances where a parent is addicted to either prescription drugs, or to illegal drugs such as cocaine or marijuana. When this occurs and there is a custody dispute between parents, it is most important on the very first visit before a ... Continue Reading Posted By Elliot D. Samuelson 16-Nov-2010 Getting Ready to Try a Custody Case Getting ready to try a custody case involves a great deal of time and effort, as well as emotional turmoil, for both you and your attorney. No aspect of a divorce case is more taxing emotionally, or requires more preparation. Apart from your own ... Continue Reading Posted By Elliot D. Samuelson 2-Nov-2010 Application for Custody Before embarking on a lawsuit to obtain custody of a child, one must make certain that they have the emotional fortitude to see the case through and sufficient finances to obtain top flight counsel that have extensive experience in this field. ... Continue Reading Posted By Elliot D. Samuelson 2-Nov-2010 Relocation of a Parent With Children Since the Court of Appeals (the state's hghest appellate court) decided the Tropea case, all child relocation cases have been decided by one uniform principle and that is whether the proposed move would be in the best interest of the children. No ... Continue Reading