Category Archives: Visitation

New York's divorce and family law blog

Race May Be Considered To Determine Paternity

Happy Young Attractive Mixed Race Family with Newborn Baby.A child’s racial appearance can be considered to establish paternity declared a Rochester Family Court judge.  In doing so, the Court ordered a DNA test to establish the paternity of two children who appeared to be bi-racial, born to a married Caucasian couple; the petitioner seeking to establish paternity was an African-American man. While there is a strong presumption that a child, born to a wed couple is the natural child of the couple,...
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Joint Custody: What Is It?

In almost every case involving children, one parent says, “I want joint custody.”  When asked what they mean by joint custody, a puzzled look comes across the client’s face as they seek to avoid directly answering the question.  So, what exactly is joint custody?

Custody can easily be broken into two components:  physical custody, and decision making.   Physical custody refers to where and when the children will be with a parent. Decision marking generally refers to who is going to make the major decisions regarding the health,...

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Child Custody and Same Sex Relationships

New York’s highest court, the Court of Appeals, granted a non-adoptive or biological parent visitation with her former same sex partners’ child. In a very narrow ruling, the Court in the case Debra H. v. Janice R., held that only biological or adoptive parents can seek visitation or custody of children.

The parties, Debra H. and Janice R., entered into a Vermont civil union in 2003. A month later, Janice R., who was artificially inseminated, gave birth to M.R. Janice denied Debra’s requests...

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Tips to Make the Holidays Better For the Children of Divorce

In the spirit of the upcoming holidays, Newsweek offers guidance to divorced parents on how to make the holidays better for their children.

Admittedly, the holidays are the most difficult and painful times for families broken apart by divorce. Both parents want to maximize their time with their children. Even the best intentioned parent may be tempted to play the game of one-upmanship by giving bigger and more expensive gifts to the children in an attempt to buy their love. All of this leads...

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