Category

child custody

Grandparent’s Visitation Rights

At the Colwell Law Group, we regularly hear from grandparents who are being denied visitation with their grandchildren. They are very upset, and they want to know what rights they have. The truth is that the law is very convoluted when it comes to grandparents’ rights. Although you might have the ability to obtain visitation, you will need an experienced family lawyer by your side to guide you through this process. Visitation Children benefit from…

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Father’s Legal Rights to Child

What are My Rights as a Father? New York law regarding fathers’ rights has changed dramatically. Not too long ago, judges automatically gave mothers custody and ordered fathers to pay child support and alimony. Today, courts treat mothers and fathers equally—in theory. However, we see far too many fathers not protect their rights during a divorce. Fathers Have a Right to Temporary or Permanent Custody As soon as someone files the divorce papers, a judge…

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Child Custody Agreement

Child Custody Agreement

Types of Custody in New York When a couple with children separate, several decisions must be made regarding the welfare of the children. One of the issues parents face is determining the custody of the children. In Albany, there are several forms of child custody, and parents should try to work out an agreement that works for everyone involved. Legal Custody Legal custody is granted to one or both parents. Whoever is granted legal custody…

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Understanding Parenting Plan Modifications

A parenting plan is a legally enforceable agreement that will outline each parent’s rights and responsibilities. It should also resolve some logistical issues and set out processes for how important child-related decisions will be made and how child-related information will be communicated. By their very nature, parenting plans are not meant to be static. Life is inherently unpredictable, and your circumstances can change at any moment. A parenting plan that worked perfectly five years ago…

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How Domestic Violence Impacts Divorce

Unfortunately, domestic violence remains a serious problem in our region. According to data collected and published by the National Coalition Against Domestic Violence (NCADV), state and local law enforcement officers in New York respond to more than 400,000 reports of domestic violence annually. Of course, not all of these calls are legitimate. There are also false allegations of domestic abuse. Domestic violence can have an enormous impact on your divorce case. Whether you have been…

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Parenting Schedules During the Holidays

After a divorce, child custody can get complicated. Even if there is a parenting plan outlined in the divorce decree, things can get tricky during the holidays. Who gets the kids on Thanksgiving? What about Christmas Day? Can I travel with the kids? If there is no court order specifying which parent gets the kids during each holiday, then it’s up to the parents to agree. However, this is often easier said than done, considering…

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The Pros and Cons of Co-Parenting

While marriage is supposed to be the cord linking two souls, sometimes the cord needs to be cut. It’s not uncommon to see couples, even after years of being together, decide that their relationship has deteriorated beyond repair. They decide to get a divorce, which can have some serious implications if it involves a child. The effect on children depends upon how the parents handle the divorce litigation. Given the high divorce rates in the…

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Accessing My Child’s Medical Records

Fathers who share child custody with their exes but don’t have physical custody may find that their parental rights are challenged from time to time. Nevertheless, if the father shares what is referred to as legal custody with his ex, he will have the ability to participate in important childcare decisions relating to education, religion and health care. For example, with regard to health care, the Health Insurance Portability and Accountability Act is a federal…

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Three Tips for Better Co-Parenting

The aftermath of a divorce is never clean-cut, simple or easy. Everyone in the family experiences drastic changes, particularly children. One of the best ways to help children adjust is to develop a co-parenting plan. While it is a tricky dynamic to navigate and you might think it seems impossible, it can be done. Here are some core elements of such a plan that will help your co-parenting efforts succeed. 1. Communication Following the divorce,…

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West Seneca Mother Receives Adoption Award

An adoptive parent and provider of therapeutic foster care from West Seneca have been honored with a prestigious national award for her contribution to her community. The woman, who is raising two adoptive daughters, whom she began taking care of through the state foster care program, became an advocate of adoption after seeing that there were many children in her community who needed homes. Her daughters, ages 6 and 9, now enjoy a loving home…

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