Misconceptions about divorce are prevalent, and one of them is that parents frequently engage in custody battles that are litigated in court and resolved by a judge’s ruling.
The truth is that most couples prefer to settle their differences privately and avoid courtroom litigation. Even when a custody issue becomes high profile in the media, like the case of Brad Pitt and Angelina Jolie, this is true.
Here are some interesting statistics reported in the Huffington Post that put child custody litigation into a proper perspective:
During divorce, most parents want the process to go as smoothly as possible for the children. Introducing the least amount of life style change generally makes the transition for children easier. These statistics show why mothers typically get most of the primary care duties, even when both parents work.
The Pew Research Center released a report in 2011 regarding families with children and it found:
There are many factors to weigh when arranging for child custody, and it is wise to discuss your concerns with an experienced lawyer. Attorney Chris Palermo can help you make important decisions that affect your and your children’s future.
There is almost an app for everything these days, and apps for co-parenting can help you juggle the lifestyle changes during separation or after divorce. They can make co-parenting easier for both you and your ex.
Various apps are available for co-parenting. Here are a few to consider:
2Houses has a calendar you can share to help you keep track of daily activities. The expense section of the app helps you see how money is being spent on your child, and it also keeps a record of the balance. The journal section is a family social network where you can share pictures, write entries, relate things your children said, or share conversations you’ve had with your child’s teachers, doctor, etc. When your child is away, you can still participate in your child’s life through shared communication.
Kidganizer functions is similar to 2houses in that it has a calendar section (with alert reminders), an expenses area and a section where you can share information.
Custody connection allows you to create a custody calendar and share it with your child’s other parent. You can connect and synchronize with the other parent, and there’s no need to send texts or make phone calls because you can easily communicate and request any necessary changes by using the app.
Parenting Apart offers counseling ideas for separated and divorced couples to deal with various situations that often arise during co-parenting. Examples include: what to expect emotionally with your child, what to look for at during different ages and stages, etc.
If you’re contemplating divorce or need legal advice, it’s wise to consult with a divorce lawyer. Divorce Attorney Chris Palermo offers compassionate legal assistance and can help you navigate a variety of issues couples often face during divorce.
When relocation is a considerable distance, it affects a number of things — parenting time with the children, the children’s school, extended family, friends and community involvement.
Various cases have come before the New York Appellate Court and rulings show there are no one-size-fits-all factors in deciding cases. Two cases the New York Court of Appeals decided in 1996 established the precedent that each case must be considered individually without “formulae and presumptions.”
In the case Tropea v. Tropea, the original custody court order prevented either parent from moving outside of Onondaga County without judicial approval. The mother became engaged to an architect with an established firm in Schenectady. She was expecting a child and wanted to relocate. She offered a liberal visitation schedule, providing frequent and extended contact and driving the children to and from the father’s Syracuse home. The father contested based on his involvement —coaching the children’s football and baseball teams, participation in religion classes and academic education involvement. The lower court denied relocation. The Appellate Court reversed the decision, finding the move to be in the children’s best interests and that the father would retain regular and meaningful access. The scheduled awarded the father substantial weekend, summer and vacation visitation with the children.
In the Matter of Browner v. Kenward, the Appellate Court also reversed a lower court’s decision, finding in favor of a mother moving to Pittsfield, MA where her parents were moving, which was 130 miles from the father’s Westchester County home. The court based its decision on the children’s best interests. The grandparents provided the children with significant support and would enhance the emotional well being of the child. The move would also reduce bickering between the parents.
Relocation can often be complicated. Attorney Chris Palermo provides you with compassionate legal guidance and can help you make the right decisions.
While it seems as though mothers typically still have an advantage in custody cases, you never know for sure how a case will go. This was true when Bode Miller and Sara McKenna both sought primary custody of their unborn child.
Olympic bronze medal winner Bode Miller and Sara McKenna met through a high-end dating service, but their relationship only lasted three months. Afterward, McKenna discovered she was pregnant. Several months later, Miller married his current wife, volleyball player Morgan Beck. (New York Times )
Miller had initially expressed no interest in parenting the unborn child. McKenna, who is a former Marine and firefighter, decided to move from California to New York to attend Columbia University on the G.I. bill. She moved when she was seven months pregnant, and the baby was born in New York. During her pregnancy, Miller sought custody of the child in a New York Family Court. He accused her of leaving California to find a sympathetic court. The NY Family Court judge agreed, reprimanding McKenna and turning the case over for California jurisdiction. A California court awarded primary custody to Miller.
The case brought up legal issues about women’s rights and whether a pregnant woman had the legal right to move. McKenna appealed the decision, and the appellate court ruled that New York had jurisdiction, not California because the child was born in New York. The appellate court also ruled that “Putative fathers have neither the right nor the ability to restrict a pregnant woman from her constitutionally protected liberty.” The New York court returned temporary custody to McKenna, which allowed her to establish residence in New York.
Child custody battles can be some of the most heart-wrenching issues for parents. Having an effective and compassionate Long Island divorce lawyer at your side, like Christ Palermo, can help you overcome the challenges and protect your rights.