Articles Tagged with child custody

https://www.nydivorceattorneyblog.com/wp-content/uploads/sites/548/2026/03/1.27.26-1-e1773768148827-300x266.png Divorce cases involving significant assets, allegations of domestic violence, and contested custody can quickly become complex and highly contentious. Courts must carefully balance the children’s best interests with financial fairness between the parties, while also addressing litigation tactics that may complicate the proceedings. A recent opinion highlights how New York courts evaluate custody, parenting time, income imputation, support obligations, and attorney fee awards in a high-conflict divorce. If you are facing a divorce involving complex custody or financial disputes, working with an experienced New York family law attorney can be critical to protecting your parental rights and financial future.

History of the Case

It is reported that the plaintiff commenced an action for divorce and ancillary relief, and the matter ultimately proceeded to trial. The trial court issued multiple orders addressing custody of the parties’ children as well as financial issues, including support, maintenance, and attorney’s fees.

Allegedly, after trial, the court awarded the wife sole legal and residential custody of the children, while granting the husband supervised parenting time subject to certain conditions. The court also made several financial determinations, including imputing income to the husband, awarding post-divorce maintenance to the wife, ordering the husband to pay substantial counsel fees, and appointing the wife as receiver to facilitate the sale of marital property. The husband appealed these rulings. 

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The following questions are examples of frequently asked questions during a consultation as it relates to contested divorces for parties with children. These are typically the topics that cover most contested divorce proceedings with children.

Divorces for people with children:

  1. How long do Contested Divorces usually take?

daughter in dads arms
In deciding which parent should have legal custody of a child, New York Courts consider the following factors:

  • Which parent has been the Primary Caregiver;
  • Which parent is more available;

When contemplating a shared physical custody schedule for an adolescent, the child’s personality shall be considered.

One of the common arguments in custody cases is that children should be able to spend “equal” time with both parents so that they may develop a meaningful relationship with each parent. Many advocates believe that shared custody by default is in the best interests of the child. However, some children are highly flexible and adapt to being mobile between two homes; others do not.

The child’s unique characteristics such as personality and temperament shall be considered when determining whether shared physical custody is in the best interest of the child.

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