Child Custody

Collaborative Divorce helps divorcing couples stay out of Court while at the same time providing both you and your spouse with independent and dedicated attorneys. At the beginning of the collaborative divorce process, both you and your spouse along with your respective attorneys will sign a collaborative participation agreement. In this agreement, everyone agrees to stay out of court and in the event that either party decides to litigate, the two attorneys will be precluded from representing the respective clients in the context of the litigation. This good faith contract helps couples to settle their divorce issues in an amicable and cooperative manner and avoid the pitfalls of divorce litigation. It is a good idea for you and your spouse to avoid court for many reasons. Firstly, legal fees really begin to mount and pile up quickly once the Court is involved in your divorce.…Read More

In a contested custody case, often the Court will appoint a neutral mental health evaluator to aid the Court in determining various parenting issues and what type of custody arrangement is in the best interests of the children. This expert is usually a psychologist or psychiatrist and is often referred to as “the Forensic Expert” or “the Forensic”. The Forensic will meet and interview the parties and often conduct psychological testing such as the MMPI-2: the Minnesota Multiphasic Personality Inventory, a very widely used test of personality and the existence of possible mental disorders. The Forensic will usually meet with the children as well and talk to them about the custody issues. The Forensic will often observe each parent and how they interact with the children. Most Forensic Evaluators will meet with each party 3-5 times and meet with the children 2-3 times depending on…Read More

Domestic violence affects millions of Americans every day. Courts have now become more familiar with domestic violence and the detrimental consequences it has to victims, families, and society. Accordingly, Courts factor the presence of domestic violence in households when making child custody and visitation decisions. There was a time when the Courts did not have to take into account domestic violence when making determinations of child custody. However, Domestic Relations Law Section 240(1)(a)(4) was revised in 1996 and now the Court must consider the effects of domestic violence when making decisions about custody and visitation. Specifically, domestic violence against either a parent or a child, even if such violence was not committed in a child’s presence, is factored by the Courts. Although this law requires that domestic violence be considered in custody and visitation cases, only specific and identifiable instances of domestic violence will be…Read More