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Christopher Kenyon

Written by Abby Johns on .

Chris has a diverse legal background, having practiced in areas anywhere from matrimonial and family law to personal injury. His decision to pursue family law was driven by the desire to assist individuals facing some of life’s most challenging situations. Chris’ defining characteristics as a lawyer include his attention to detail and his communication skills, characterized by his ability to listen and respond to clients’ needs.

When asked what he wants his clients to know during their initial meeting, Chris emphasizes the importance of identifying client goals and helping them achieve what they are entitled to under the law. “If both parties can agree as to how they would like to resolve their issues, most matters can be resolved without having to step foot in a courthouse. If Court involvement is necessary, patience is key as the process can be lengthy. I will guide you through the process and work hard to bring your matter to a resolution.”

Licenses

Mr. Kenyon is licensed to practice in New York.

Education

Mr. Kenyon earned his Bachelor of Arts from State University of New York at Buffalo and Masters of Business Administration from Union Graduate College. He earned his Juris Doctorate Degree from Albany Law School.

Prior Experience

Prior to working for Cordell & Cordell Mr. Kenyon has worked in Matrimonial and Family Law, Personal Injury, Real Estate Closings, Wills and Estates, Vehicle and Traffic, Civil, Business and Commercial Litigation and Criminal Law.

The Role of the Attorney for the Child in New York

Written by Joseph E. Cordell on .

In contested divorce or custody cases in New York, the Court will ordinarily issue an Order appointing an attorney for your child, or children. The attorney for the child (AFC) is a licensed attorney in the state of New York who will meet with your children and report their desires regarding custody to the Court. The concept behind the appointment of attorneys for children is to give the children a voice in the divorce proceeding.  The AFC reports the children’s wishes to counsel and the Court, which usually helps settle custody more quickly, as the Court relies heavily on the AFC in making custody determinations.

There can be positives and negatives to an AFC’s involvement in your case. First, an AFC is tasked with not simply asking your children who they want to live with, but finding out what the children’s reasoning is behind their decisions. Ordinarily, an AFC will meet with your children when your spouse drops them off and also when you drop them off to see whether your children say something different when coming from a different parent. This can help determine whether one parent is coaching the children to say certain things to get custody, which happens frequently in contested custody cases. The AFC will also meet with you, your spouse and any live-in caregivers to seek additional information to help them make their determinations. The AFC can also review medical records, school records and other pertinent information which might help them to understand your family and the needs and wishes of your children.

An AFC also has the ability to substitute their judgment for that of your child. If your child is too young to form an opinion on custody or is insisting on living with a particular parent, to their detriment, the AFC can step in and explain to the Court why they believe the children’s wishes to be an improper resolution to custody. When substituting judgment, the AFC must explain to the Court what the children have requested, and why they believe that to be unsuitable.

Perhaps the most obvious drawback to an AFC is the added expense involved with having another attorney involved in the matter. Though court appointed and usually chosen by the court, AFC’s are paid for by the litigants. Litigants are ordinarily responsible for the expense of the AFC in proportion to their respective incomes, though it is in the Court’s discretion to determine how the AFC will be paid. Thus, if you are the sole wage earner for the family, you may find yourself paying for 100% of the AFC’s costs, even when your spouse is speaking to or meeting with the AFC. However, hearing what the AFC has to say often settles cases much more quickly than without their insight, so you can save in long term litigation costs by having an AFC involved.

Additionally, the majority of AFC’s take their role in the litigation very seriously and do their jobs well, without bias. However, AFC’s, just like judges, are human. We are all capable of making mistakes and being swayed by biases, both known and unknown. For this reason, it is extremely important for you and your attorney to maintain and amicable relationship with the AFC from the start of the case. AFC’s can be extremely helpful and can also provide invaluable insight into the innerworkings of your custody case. It is important that you strategize with your attorney prior to any meeting you have with your child’s attorney to make sure that you’re putting your best foot forward.

Overall, an AFC can be a very positive addition to your case. They ensure that your children have a voice in the proceeding and that the Court knows what they want. This can be especially helpful if your spouse is influencing the children against you or is otherwise coaching them. In most cases, the AFC helps settle custody more quickly, which saves in both costs and the emotional toll that contentious custody and divorce litigation can take on you and your family. If you would like more information about AFC’s or your divorce or custody matter, one of our attorneys would be happy to have a consultation with you to discuss further.

New York Times

Kelly Burris Quoted in New York Times About Crypto Divorces

Written by Joseph E. Cordell on .

Cordell & Cordell Senior Litigation Partner Kelly L. Burris was recently quoted in a New York Times article detailing how divorce disputes over cryptocurrency are becoming more common.

Over the last several years, cryptocurrencies such as Bitcoin and Ether have grown more popular. Due to their digital nature, these assets tend to be much more difficult to track, leading to disagreements between divorcing spouses when it comes time to divvy up assets.

Oftentimes, spouses underreport their holdings or hide funds in online wallets that are difficult to access. However, transactions in the crypto world are recorded on public ledgers called blockchains, which has led many divorce attorneys to rely on an emerging industry of forensic investigators who track the movement of cryptocurrencies from online exchanges to digital wallets.

Ms. Burris, who practices out of Cordell & Cordell’s Austin office, has given many lectures in which she talks about the challenges of tracking digital assets. In the article, she noted that she has dealt with plenty of clients who try to think up ill-conceived plans to hide their cryptocurrency.

“They can be weirdly not creative,” Ms. Burris said. “They’ll be like, ‘I’ll give it to my brother for a dollar’ or whatever, and I’m like, ‘You can’t do that.’”

Read more: Kelly Burris Writes About Cryptocurrency and Divorce

Saratoga Springs Fathers Rights

Written by Joseph E. Cordell on .

Saratoga Springs fathers’ rights advocates are disturbed by new guidelines for spousal maintenance that assures at least some alimony will be paid regardless of need.

These guidelines also increase the likelihood that the party who has a higher salary – traditionally the male – will be paying legal fees for the other party. Men who are making higher salaries than their exes are concerned about being relegated to lifelong ATM machines.

Men represent 97% of all alimony payers, according to the U.S. Census Bureau, and now face more unfair standards in this realm than ever. Fathers should have a right to protect their assets on behalf of themselves and their children.

Even though New York is a state where child custody has been established to be “in the best interests of the child,” careful documentation is still needed to ensure the court sees dads in their best light.

“Best interest” has a slippery definition that is open for interpretation and persuasion further magnifying the importance of having a Saratoga Springs dads’ rights advocate on your side.

Protect your rights as a father by obtaining counsel that understands and addresses the particular problems dads face during divorce.

Cordell & Cordell Is Dedicated To Saratoga Springs Fathers’ Rights

Cordell & Cordell’s Saratoga Springs dads’ rights attorneys can’t help but notice the challenges consistently facing one side of the table – the men’s side.

Cordell & Cordell fights for fathers’ rights by focusing on a “dads first” approach that clients appreciate. That’s why you need the passionate representation of the divorce lawyers for men at Cordell & Cordell to protect your rights as a dad.

To schedule an appointment with a Saratoga Springs, NY fathers’ rights divorce attorney, please call 1-866-DADS-LAW.

Saratoga Springs Dads Rights Resources

Dads Rights

New York Fathers Rights In Divorce

Information on Fathers Rights

A man is hugging a young girl with affection, both smiling, in a bright room, possibly at home.

Exploring Child Custody Arrangements & Meaningful Consultation

Written by Abby Johns on .

Divorce and child custody are complicated issues with many gray areas. They are rarely black and white. What if they were, though? What if you could put all the emotions aside for a moment and see the light at the end of the tunnel?

Divorce will most likely be one of the most complex life challenges, but trust us when we say that courts only see what’s in black and white, such as bank statements, records of time spent with your children, and other documents. Our family law attorneys aggressively represent parents in New York Courts.

Survivor Story from a New York Dad

A smiling baby sitting with a man who is looking at the baby with affection, seated on a gray couch in a light-colored room.

Cordell & Cordell has several stories of New York Dads who successfully secured custody of their child. We can’t share those stories with you out of respect for the confidentiality of our clients. However, the following is a story on Reddit about a Dad that is not dissimilar from the experience of our clients.

We want to take a moment to reflect on the Reddit story that inspired this blog and the concept that moms don’t always win because they don’t. In the case titled “Fathers, don’t give up. There is always hope,” our friend in New York dealt with the following scenario.

  • Case: His wife is pregnant with another man’s baby and she tried to take their 14-month-old daughter out of state. A court order was issued to keep the child in the state, but his wife still moved with her boyfriend to a new state, leaving the child with the Redditor.
  • Trial Period: Over the following months, 6 pre-trial hearings ensue, but no agreement can be reached. The mother seeks custody of the child.
  • Outcome: An appointed lawyer successfully persuaded the wife, and they reached an agreement. The court granted full physical custody to the father. The daughter will not be permitted to leave the state until her mother demonstrates active parenting time and video calls, including, but not limited to, a full 5-day in-county visit.

Understanding Parental Rights in New York

“Parental rights” refer to a non-custodial parent’s legal right to spend time with their children based on a court-approved parenting schedule. As a parent, you need these rights to maintain a meaningful relationship with your children even if you do not have primary custody. In the case of the Redditor, his wife has a schedule of parenting time, while he has primary custody.

Custodial Rights vs. Parental Rights

In order to finalize a divorce in New York, the legal and residential custody of any children of the marriage must be resolved (either by way of a court order or an agreement). Legal custody refers to the parent with the authority to make major child-rearing decisions (i.e., those related to the children’s health, education, religion, and general welfare). Such decisions vary greatly from day-to-day decisions, such as whether a child sees a movie with a friend or what the child wears to school on any given day, which are most always made by the parent with whom the child is with at the time.

Upon a divorce in New York, parties will either share joint legal custody or one parent will be afforded sole legal custody. The Reddit story above does not mention legal custody by name. Since the father has physical custody, and the mother must prove her parenting abilities to the court, the father likely also has full legal custody.

Sole legal custody is a scary term for most; however, many settlement agreements and courts will afford the non-legal custodian a voice in the decision-making process despite an award of sole legal custody. Most commonly, a non-legal custodian is afforded a role in the decision-making process by way of “meaningful consultation” or “notification.”

Meaningful Consultation

Meaningful consultation means that before the legal custodial parent makes a major child-rearing decision, such as what high school to enroll a child in, he or she must first consult with and constructively discuss the issue with the other parent.

The ultimate goal is that the parents reach an agreement and implement the agreed upon decision. Although one parent technically has sole legal custody, the other parent still has “a say.”

If the parties cannot reach an agreement, the sole legal custodian has the authority to make the final decision, and that decision will be implemented.

Notification

Another form of consultation is that of affording the non-legal custodian notice prior to the actual implementation of a decision.

In this situation, the legal custodian is not required to discuss the issue with the other parent before making a decision. However, before making a final decision or taking action, such as enrolling a child in a new daycare, the legal custodian must give the other parent reasonable notice of their intention to do so.

During the time between receiving notice and the actual implementation of the decision, the non-legal custodian is afforded a certain amount of time to seek court intervention and/or voice objection to the decision, such as submitting to the legal custodian any materials (articles, fact sheets, etc.) he or she feels supports his or her position.

Once the legal custodian considers the other parent’s objection, he or she may move forward with his or her original decision or make a decision in line with the other parent’s objection. Here again, the legal custodian has final decision-making authority and ultimately makes the final decision, but the non-legal custodian is still afforded a role in the process.

Remember that the New York courts always remain available to intervene when necessary. While a judge will not entertain a frivolous application for intervention or hold a hearing for every decision involving the children, they will intervene when necessary in order to protect the best interests of the children.

Types of Custody Arrangements in New York State

New York has two types of custody arrangements:

  • Sole Custody: One parent has primary physical and legal custody of the child, while the other parent may have custodial access.
  • Joint Custody: Both parents share physical and/or legal custody of the child, allowing for equal participation in decision-making and parenting time.

How to Get a Parenting ScheduleA man and a boy embrace, smiling warmly in a cozy, brightly-lit room. Their expression shows affection and happiness in a relaxed, domestic setting.

To secure parental access as a client in New York, you must understand the legal process and your rights under state law. Cordell & Cordell can assist you in:

  • Filing the necessary legal documents to petition for a schedule of parenting time;
  • Presenting evidence to demonstrate your ability to provide a nurturing and stable environment for your children;
  • Negotiating a custody agreement with the other parent or their attorney; and
  • Advocating for your rights in family court.

Why Work With Cordell & Cordell

Cordell & Cordell has decades of experience providing parents with the legal help they need to obtain child custody orders with parental access. Our firm has high ratings from the Better Business Bureau. Its attorneys have received accolades from professional legal organizations.

Client Experience

“I hired Cordell and Cordell because they represent men. I was not disappointed. Adam Onkels kept in constant contact with me, day and night, even on Sundays. He answered all my questions and put my mind at ease. His professional representation in court blew my ex’s attorney out of the water. Got the judge and the GAL on my Side. Ultimately, I got the placement of my little girl, and that is all I wanted; the best money was spent to keep my little girl in a safe and loving environment.” — Miguel G.

“So far the service has been A+ and I am extremely satisfied.” — Elvis T.

Damian A.: “The whole team from Cordell and Cordell did an amazing job on my case! They all went above and beyond, and I will be forever grateful! [I] recommend their services!” — Damian A.

It Could Be Worse: Extreme New York Divorce & Custody Cases

Assert Your Rights With Cordell & Cordell

The New York family law attorneys at Cordell & Cordell work tirelessly to obtain parental access for parents in child custody disputes. To learn more about what the firm can do for you, call 866-323-7529 or fill out the online contact form.

New York Child Custody Questions

Written by Joseph E. Cordell on .

New York child custody attorneys provide answers to frequently asked questions with regards to New York child custody factors and New York custody laws.

Who will get custody of our child?

If you and your spouse cannot reach an agreement on the custodial arrangement for your child, then custody can be determined through Family Court or as part of a divorce action.

The court will base its custody decision applying the standard of what is in the best interests of the child, which there is no hard and fast rule or guideline to apply. In the large majority of cases, there will usually be some type of shared custody.

Related Article: Will I Get Custody?

What is joint custody? What is sole custody?

When talking about custody, there are two parts – legal custody and physical custody.

Joint legal custody means the parents have to consult and agree on all major decisions involving the child, which include matters such as medical, religion, school, extracurricular activities. Sole legal gives one parent the sole decision making authority on these matters.

Joint physical (also referred to as shared physical) custody means that the parents usually split the custody of the child 50/50 or fairly equally. Where one parent has more than 50% of the custodial time with the child, that parent will be determined to have primary physical custody of the child, which gives that parent certain decision making authority in the absence of agreement, as well as certain tax credits absent some agreement.

Sole physical custody means one party has physical custody of the child with the other parent either having no time with the child or usually only very limited access to the child(ren).

Related Article: Joint Physical Custody vs. Joint Legal Custody

If both parents share custody does anyone pay child support?

Yes. Under New York’s Child Supports Standards Act, child support is to be paid by the non-custodial parent to the custodial parent based upon the formula set up by the State, which is a percentage of your gross income after deductions for your FICA withholdings (which is 7.65% of your income). The non-custodial parent is the parent who has less than 50% of the physical custodial time with the child.

Further, if the parents have an absolute 50/50 split of physical custody with the child and there is no way to determine if someone has just over 50%, then the parent whose income is higher is determined to be the non-custodial parent and must pay the other parent child support. However, it is possible for parents to contractually agree to waive child support from each other.

Related Article: Who Pays Child Support If We Share Custody?

New York Child Support Calculator.

Can a parent refuse to allow visitation if child support is not paid?

No. Visitation and support are two separate issues and the courts do not like to hear that visitation is being denied because child support is not paid, particularly if there is already a custody order setting forth the visitation/custodial schedule.

Related Article: Options If Denied Parenting Time Over Owed Child Support

When can my child decide which parent to live with?

In almost every custody case (especially ones brought in Family Court as opposed to being part of a divorce action) the court will appoint your child an Attorney (formerly referred to as a Law Guardian). This attorney will meet with your child and will advocate your child’s wishes, depending upon the child’s age of course.

The younger the child the more likely it will be that your child’s specific wishes will not likely carry too much weight, which is in large part because young children’s wishes often change multiple times.

Related Article: Choosing Mom or Dad: Can A Child Choose Where To Live?

Do grandparents have custody and visitation rights?

Grandparents do not have automatic custody and visitation rights. The grandparent(s) can file a Petition seeking custody or visitation. A grandparent obtaining custody over a parent is very rare. Further, a grandparent getting a visitation schedule from the court is also not easily done either. It is possible, but it is not an easy task.

Related Article: What Visitation Rights Do Grandparents Have?

What is a parenting plan, and do I need one?

In New York there is not a parenting plan or anything that would be similar to such a document. Again, the courts in New York must apply the standard of what is in the best interests of the child when making a custody determination.

Related Article: What Should Be Covered In A Parenting Plan?

If my separation agreement includes custody/support can it be included in the divorce decree?

Yes. Quite often Separation/Settlement Agreements which include custody and support provisions are included in the Judgment of Divorce.

What can I expect from temporary orders?

This is not a simple answer. Temporary orders are meant to be just that, temporary. However, temporary orders often end up becoming permanent orders, particularly if no problems or complications surface with what is ordered in the temporary order.

What you can expect is if a temporary order is granted that is not acceptable, then strong advocacy must occur to significantly increase your chances that the temporary order does not become permanent.

Related Article: Preparing For A Temporary Orders Hearing

When will child custody be decided?

Child custody can be decided amongst the parents through a voluntary agreement, which can be made into a family court order upon consent of the parties.

Otherwise, absent agreement between the parents, child custody will be decided after a custody petition is filed in Family Court and a trial is held, or as part of a divorce action after a trial or hearing on custody is held.

However, prior to a final determination of custody at a trial, temporary orders of custody will be made until a trial is held at which point a permanent order will be made.

Related Article: How Long Should It Take To Serve Custody Papers?

When can I modify custody?

You can modify a custody order in New York when there has been a substantial change in circumstances since the last custody order in the case. What is considered substantial is up to the court to decide, and again, there really is not hard and fast rule or guideline to follow.

If you can establish that there has been a substantial change in circumstances since the last custody order, then the court will again base its determination on the modification petition by applying the same standard as before – what’s in the best interest of the child.

Related Article: Can Parents File For A Custody Modification At Any Time?

What if we cannot agree on a custody arrangement?

If you cannot agree on a custody arrangement, the court will have a trial on a custody petition, or in a divorce action seeking a custody determination, and the court will make the custody determination for the parties.

What is an ex parte order?

An ex parte order is an order granted by the court based solely upon the information, and likely the testimony, of only one party without the other party having the benefit to be present and heard on the relief being requested. Ex parte orders are usually granted in what is known as Family Offense proceedings, where one party is seeking an Order of Protection against the other party.

If an ex parte order is granted, the court will set up a court appearance very quickly to allow the other party against whom the order was granted to come into court and be heard on his/her position, at which point the order of protection can be continued, modified or vacated.

Related Article: The Nuclear Weapon Of Divorce: Orders Of Protection

How is custody decided?

Custody is decided by applying the standard of what’s in the best interest of the child. Again, there is no hard and fast rule or guideline to follow. Custody can also be decided through an agreement of the parents.

Related Article: The Factors Courts Consider When Determining Child Custody

How can I increase my chances at getting a larger custody agreement?

It is hard to say what will necessarily “increase” your changes at getting a larger custody agreement. However, the following things would certainly go a long way in getting you a fair and reasonable custody arrangement:

  • having a stable job with a fairly set work schedule,
  • having an adequate living situation with proper bedrooms for your children,
  • being able to show that you have had a longstanding close relationship with your children and caring and nurturing your children;
  • having no current or prior problems with substance abuse or promiscuous behavior which could be used to show that your children may not be safe if left in your care.

This is not an exhaustive list of things, but certainly good things to be sure to follow to increase your likelihood of getting more time with your child.

Don’t believe the common misconception that if you or your spouse makes a lot more money or has a bigger, nicer, or cleaner home than yours than that means he/she will get more time with the kids. Those things are not meant to be used to show that it would be in the child’s best interests for the child to spend more time with that parent.

Related Article: Custody Gameplan: Building A Case For Equal Custody

What is visitation?

Visitation is meant to describe the time that a parent or grandparent is allowed to have physical time with the child or grandchild.

Can a judge order supervised visitation or no visitation?

If there are valid reasons to be concerned that the child(ren) may be placed in harm by being alone with a parent, the court can choose to grant supervised or no visitation for that parent. It is rare that a court will order no visitation at all (unless on a temporary basis), but supervised visitation is certainly a possibility in the right circumstances.

What should I know before a custody trial?

Before a custody trial begins, you should pretty much know what the other side will raise in support of their request for custody or against your request for custody. You should also know exactly how to conduct yourself during a trial so that the Judge does not get a “bad taste” in his/her mouth about you which could affect the Judge’s decision.

At Cordell & Cordell, your attorney will adequately prepare you for your case and trial.

Related Article: Divorce Trial Prep: One Week Before Trial

Can I collect my own evidence to use if my custody case goes to court?

Absolutely. This is something that you would want to work closely with your attorney on though as evidence needs to be obtained in the proper manner and form, otherwise you risk it not being considered by the court.

Do I need to use a Guardian ad Litem/Custody Evaluator?

There is no requirement in New York that you must use a Guardian ad Litem or Custody Evaluator. The closest thing in New York is the attorney for the child, which the court will appoint to represent your child’s wishes/position.

This attorney for the child will work with your attorney and the other parent/parent’s attorney to either reach an agreement between the parents or proceed to a trial.

Related Article: Using A Guardian Ad Litem In A Custody Case

Will my child need to appear in court?

Not likely. The court can conduct an in camera of your child(ren) to hear your child(ren)’s wishes/position, but it is not always done. It is usually done if requested by a parent or by your child’s attorney (usually at the request of the child).

What is the Parental Kidnapping Prevention Act?

This was an Act by Congress in 1980 which works in connection with the Uniform Child Custody Jurisdiction Act (UCCJA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

The UCCJA & UCCJEA were enacted to establish uniformity amongst the 50 states with child custody orders so that a parent could not just take the child to another state and get a custody order to the detriment of the other parent where one state has already issued a custody order.

The idea is that the custody order from the first state will be given full force in all other states and the Parental Kidnapping Prevention Act helps to make sure that the first state’s custody order is enforced and law enforcement can be contacted to assist in returning the child to the other parent where the one parent refuses to return the child.

Related Article: 13 Ways To Prevent Parental Kidnapping

What if my wife tries to move the kids out state?

If there is not custody order in place already, this makes things more difficult as you may need to go to court in the state where the kids reside. However, if there is already a custody order in place, it is not so easy to do and the court could require the child to be returned to the State of New York.

The normal procedure to move out of the State would be by agreement of the parents (should be in writing) or by order of the court after a hearing is held. This is known as a relocation proceeding and it is not an easy case. Courts are usually reluctant to allow the children to be relocated when the non-moving parent objects to the relocation.

Related Article: Child Custody Laws: How To Block A Move Out Of State

Can a parent change the child’s last name without the other parent’s permission?

It is possible for this to happen. However, if it does occur, you can go into court to ask that the name be changed back to the prior name. Typically, when parents enter into a Separation/Settlement Agreement, there is usually an agreement that neither party will allow the child’s name to be changed.

Related Article: What Is The Process For Changing My Child’s Last Name?

If I have custody, will I receive child support?

It depends. So long as you have more than 50% of the physical custodial time with the child, you will be deemed to be the primary custodial parent permitting you to receive child support from the other parent. If it is exactly 50/50, so long as you earn less money than the other parent, you will be entitled to receive child support from the other parent.

Related Article: How To Calculate Child Support

Methods For Conflict Resolution in a New York Joint Custody Arrangement

Written by Joseph E. Cordell on .

Joint legal custody generally means that both parents are to make all major child-rearing decisions together, i.e., decisions involving a child’s health, education, religion, and general welfare.

In New York, when two parties share joint legal custody with no further provisions such as those discussed below, the parties must seek court intervention when they cannot reach an agreement relative to such issues.

Recognizing the likelihood of a future disagreement, a comprehensive settlement agreement or child custody agreement can provide alternatives to seeking court intervention.

Spheres of Influence

One way to provide for the resolution of a disagreement is to afford each parent specific areas in which he or she will have final decision making authority, or “spheres of influence.”

Spheres of influence allow each parent to maintain final decision-making authority in different aspects of the children’s lives. For instance, one parent may have final decision-making authority regarding the children’s medical issues and sports programs, while the other parent may have authority for all educational and religion issues.

Tiebreakers

A settlement agreement may set forth that the parties are bound to submit any disputed issue to a third party “tiebreaker.”

Common tiebreaker methods are the duty to consult with a professional in the area of the disagreement, such as consulting with the child’s guidance counselor or teacher regarding an educational issue, or the submission of the issue to a parenting coordinator, mediator, or arbitrator.

In such circumstances, the third party will attempt to help the parties reach an agreement or ultimately provide a recommendation that will be accepted as the final decision and be implemented.

Child’s Wishes

Another avenue for resolving a disagreement is to allow the child’s wishes to be controlling.  For example, if one parent wants to enroll a child in ballet lessons, and the other wants to enroll the child in gymnastics, then the child’s preference to attend one will control.

Certainly, this method must take into consideration the children’s ages at the time of the dissolution of the marriage, and also be cognizant of the various areas of major child-rearing decisions that the parties may or may not want to apply this to.

Designation

Finally, some parties may find that it will work best for their children to afford one parent final decision-making authority for one child and the authority for the other child(ren) to the other parent.

This is not necessarily a common arrangement, but when used, the designation of authority may best be applied by gender (where applicable), or in circumstances where one child primarily resides with one parent and another child primarily resides with the other parent.

As always, even if divorced parties do not enumerate conflict resolution methods within an agreement, the courts remain available to intervene when necessary.

Albany Fathers Rights

Written by Joseph E. Cordell on .

Having an Albany, New York fathers’ rights attorney has never been more important than it is now due to recently enacted New York divorce laws that may take away dads’ rights.

New laws set forth a guideline for spousal maintenance, which essentially means alimony will almost certainly be granted in every case, although the court has some discretion to not grant it. With men representing 97% of alimony payers, this law will negatively impact the financial rights of fathers in Albany.

Further, New York’s recent laws have made a request for attorney fees more likely for the spouse who earns less money, which is traditionally the wife.

This is when you need an Albany dads’ rights attorney to stand up and defend your rights as a father to not have to pay maintenance simply because you are the man. Cordell & Cordell’s Albany, New York fathers’ rights lawyers fight for dads to be recognized as more than ATMs.

The attorneys of Cordell & Cordell help Albany dads maximize their role in their children’s lives, which includes protecting men’s financial means to do so.

If you are concerned with your rights being protected, contact an Albany dads’ rights lawyer at Cordell & Cordell. To schedule an appointment, please call 1-866-DADS-LAW.

Dads Rights in Albany Resources | New York Fathers Rights Resources

Dads Rights

New York Fathers Rights In Divorce

Information on Fathers Rights

Family law resources New York.

New York

Written by Joseph E. Cordell on .

Clients going through a New York divorce face an array of challenges that threaten to upend their lives. Cordell & Cordell’s New York divorce lawyers focus on representing clients during the divorce process, and that gives them a better understanding of how New York’s divorce laws affect them and their families.

We have compiled a range of resources below to assist clients going through divorce in New York State. These resources cover various aspects of family law in New York, providing you with the knowledge to start your case.

New York Divorce Process

The divorce process in New York can start in a few ways:

  1. Marital Settlement Agreement or Separation Agreement
  2. Action for divorce

It can begin with the parties entering into a separation agreement, which they will later convert to a divorce action based upon the separation agreement.

Separation Agreement / Marital Settlement Agreement

A separation agreement or a Marital Settlement Agreement is a written agreement signed by the husband and wife that resolves all matters involved in a divorce (i.e., child custody, child support, spousal maintenance, declaration of separate and marital property, and distribution of marital property). If spouses enter into a Separation Agreement and live apart for at least one year prior to filing for an action for divorce, they can obtain a divorce on the ground that they have been living separate and a part for a period in excess of one year. However, with New York’s no-fault grounds, spouses need not wait and can obtain a divorce as soon as an agreement is reached.

Action for Divorce

New York, as of 2010, is a no-fault divorce state. To obtain a divorce under New York State law, one party must swear under oath there has been an irretrievable breakdown of the marital relationship for at least six months. If one of the parties swears under oath, the divorce will presumably be granted without anything more.

New York Residency Requirements

To meet the criteria for a New York divorce, at least one of the following situations must apply, according to Domestic Relations Law 230.

  • The marriage ceremony was conducted in New York State and one or both spouses were residents at the time and living in New York for a minimum of one year before filing for divorce.
  • The couple cohabitated in New York together, with at least one spouse being a resident for at least a full year before filing for divorce.
  • The reason a couple pursues divorce took place in New York and both parties were residents of New York at the time.

In cases where a marriage ceremony did not take place in New York and the couple never resided together in New York, in order to be eligible to file for a New York divorce, one spouse must have been a resident of New York State and lived in the state for at least two years before filing for divorce.

Grounds for Divorce in New York

While New York State allows no-fault divorces (“irretrievable breakdown in relationship for a period of six months”), a spouse can choose to pursue a grounds-based divorce. New York permits six other legally acceptable reasons for divorce.

  • Cruel and inhuman treatment
  • Adultery
  • Abandonment
  • Imprisonment
  • Divorce after a legal separation agreement
  • Divorce after a judgment of separation

Related Article: Divorce in New York – FAQ

New York Property Division Process

The court will assemble an extensive list of all marital assets and then create a fair division of property. It is important to understand that “equitable” doesn’t necessarily mean 50/50. Factors the court considers include but are not limited to the following:

  • Income and property of each spouse at the time they married and at the time of divorce
  • Age and health of each spouse
  • Needs of the spouse who is the custodial parent of the children (e.g., the marital home and its contents)
  • Any loss of health insurance benefits due to the divorce
  • Any spousal support awarded
  • Financial and non-financial contributions to the marriage
  • Future earning ability/financial circumstances of each spouse

The court will also examine if one or both spouses “wasted” or frivolously spent marital assets while the divorce was ongoing, emptied bank accounts, or sold off property below market value in anticipation of divorce. Courts will also consider any other factors it finds to be fair to reach an equitable distribution of the marital estate.

New York Child Custody Laws

A young girl holding a stuffed toy looks upset, with a man and a woman sitting separately in the background in a modern living room, suggesting family tension.

New York has two kinds of custody arrangements to settle in divorces where children are involved: physical and legal custody.

  1. Legal custody: Granted to both or one parent, this type of custody is the right to make important decisions about a minor child’s care, including education, religious upbringing, or healthcare. Courts will often grant this custody to both parents unless there is a reason why only one should receive sole legal custody.
  2. Physical custody: The parent who is granted physical custody lives with the children and is responsible for their daily care and supervision; the other noncustodial parent will receive visitation. In some cases, a judge will grant joint physical custody and the child spends equal or substantial time in both parental households.

When settling legal and physical custody, New York family courts will consider several factors. The primary factor will be what is in the best interests of the child, which will include the following types of considerations:

  • Where the child currently resides and how long they’ve been living with either parent
  • Any special needs the child has and the parent better equipped to handle
  • How many children are in the family (courts avoid separating siblings when possible)
  • Home environment of each parent
  • Parent work schedules
  • Existing relationship with each parent and the strength of the bond
  • Whether a history of domestic history, alcohol, or drug abuse on the part of either parent exists
  • Whether one parent will better foster a good relationship with their ex-spouse over the other (e.g., alienating the child or “bad talking” the noncustodial parent, harming the relationship with the child)
  • Preferences of older children for where they’d like to live (not a deciding factor but may be considered)
  • Parenting skills of each parent
  • Ability of each parent to best provide housing, food, healthcare, and education
  • Ability of each parent to handle the child’s intellectual and emotional development
  • Physical and mental health of each parent, along with their emotional stability

Generally speaking, there is no one-size-fits-all determination. Courts award custody to one or both parents on a case-by-case basis. Other things a court may look at is who resides in each parent’s household, such as domestic partners or other parties.

Related Article: New York Child Custody Questions

New York Child Support

Child support is a way to ensure a child’s financial well-being is established after their parents’ divorce. How it works is custodial parents will request child support from the noncustodial parent and the court will determine an amount using a child support calculator. Sometimes parents can agree on an amount of child support, and in that case, a court will often approve it, so long as it meets their criteria and is in the best interest of the child.

Related Article: How Child Support is Calculated

New York Spousal Support

  • Spousal support, often referred to as alimony, may be available in some divorce cases. This is money paid by one spouse to the other in situations where one spouse doesn’t have sufficient income or assets to provide for their (reasonable) needs.
  • Divorcing: Financial support received by one spouse from the other after divorce is called maintenance. A Supreme Court judge will review the situation during a divorce case and determine how much support should be paid and for how long.

Not every case will result in alimony being paid. Courts will ask for copies of financial documents, such as tax returns, pay stubs, and a financial disclosure affidavit.

Related Article: Will I Have To Pay Alimony?

Why Work With Cordell & Cordell?

Cordell & Cordell is fully committed to helping clients receive fair treatment in family court since 1990. Our family law attorneys have seen firsthand the many challenges clients often face in custody and domestic matters. If you want someone who will advocate for you, the understanding and experienced attorneys at Cordell & Cordell are available to help.

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