Divorce: New York

Divorce: New York

Tag Archives: Physical Custody

Relocation Clauses Must Specify Radial or Road Mileage

Posted in Custody and Visitation
It is common for divorce settlements and custody agreements to contain “relocation clauses.” These provisions spell out the radius within which the residential custodian will be able to move without first seeking judicial approval. It is a proper subject of agreement between parents. It will almost always be honored, although such a provision can never … Continue Reading

Appellate Reversals of Custody Decisions

Posted in Custody and Visitation
Two of three November 5, 2014 custody decisions of the Appellate Division, Second Department, reversed Family Court determinations. In the only affirmance in Mondschein v. Mondschein, the Second Department upheld the order of Westchester County Family Court Judge David Klein which, after a hearing, granted a father’s petition to modify the custody provisions of the parties’ divorce … Continue Reading

NYC Dept. of Ed.’s Policy Upheld: Primary Physical Custodian’s Directions Will Be Followed Despite Shared Legal Custody

Posted in Custody and Visitation
Absent a court order specifying which parent is entitled to make educational decisions, the New York City Department of Education will follow the instructions of the primary physical custodian. The policy was upheld in the October 22, 2013 decision of the First Department in Jennings v. Walcott. The appellate court reversed  the determination of  Supreme Court, … Continue Reading

Ordering Joint Custody in Contested Divorce Custody Proceedings

Posted in Custody and Visitation
Two decisions this past month involved joint custody awards despite antagonism between the parents and contested custody proceedings. In Prohaszka v. Prohaszka, Supreme Court Putnam County Justice Francis A. Nicolai had awarded the divorcing parties joint legal custody of the parties’ children, with the mother having primary physical custody and final decision-making authority. In its … Continue Reading