What are Grandparents’ Rights in New York?

Grandparents often play a meaningful role in a child’s life, offering emotional support, family traditions, and a strong sense of identity. These relationships can enrich a child’s development and provide an additional layer of stability and care. However, when parents deny access, the loss of that connection can be deeply felt on both sides. New York law recognizes the potential value of these relationships and offers grandparents the opportunity to petition the court for visitation or custody under certain conditions. While parental rights are strongly protected, the legal system also considers the child’s best interests, which may include ongoing contact with a grandparent.

For grandparents who wish to preserve or restore their bond with a grandchild, legal options are available. Grandparents can take meaningful steps toward re-establishing their place in the child’s life through court-approved visitation or custody when appropriate.

A skilled Manhattan family law attorney from the Law Office of Richard Roman Shum, Esq. can assist grandparents in evaluating their options, preparing strong legal filings, and presenting a compelling case focused on the child’s best interests. If you’re a grandparent concerned about staying connected, now may be the time to explore how the law supports continued involvement in your grandchild’s life. Contact us today at (646) 259-3416 to speak with our team and schedule a free consultation.

New York’s Legal Approach to Grandparents’ Rights to Visitation

New York’s Domestic Relations Law § 72 provides a mechanism for grandparents to petition for visitation with their grandchildren. This statute allows grandparents to apply to the court for visitation rights, depending on their “standing” and the circumstances of the parents of the child.

When a petition is reviewed, the court focuses on what is best for the child. Judges consider how strong and positive the bond is between the grandparent and the grandchild and weigh whether maintaining that relationship would benefit the child’s emotional and developmental needs. The goal is always to support the child’s overall stability, security, and well-being.

Balancing Parental Rights with Grandparent Access

While grandparents may seek visitation, New York law recognizes the fundamental rights of parents to make decisions concerning their children’s upbringing. Courts give significant weight to a fit parent’s decision to deny visitation, presuming that such decisions are made in the child’s best interests.

To override a parent’s objection, grandparents must provide compelling evidence that visitation serves the child’s welfare. This might involve demonstrating a strong existing bond with the grandchild or showing that the absence of contact would be detrimental to the child’s emotional health.

Influence of Troxel v. Granville on New York Cases

The U.S. Supreme Court’s decision in Troxel v. Granville (2000) significantly influences how New York courts handle grandparent visitation cases. The Court held that a parent’s right to make decisions about their child’s care is a fundamental liberty protected by the Fourteenth Amendment. Consequently, any state interference must respect this right.

In response, New York courts apply a “special weight” to a fit parent’s decision to deny visitation. This means that grandparents bear the burden of proving that visitation is in the child’s best interests and that the parent’s decision does not serve the child’s welfare. The courts strive to balance the constitutional rights of parents with the potential benefits of grandparent involvement in the child’s life.

When is a Grandparent Qualified to Petition for Visitation?

Grandparents may petition for visitation rights under specific circumstances outlined in Domestic Relations Law § 72. Establishing eligibility, or “standing,” is the initial step in this legal process. The court assesses whether the grandparent meets certain criteria before considering the visitation request.

When Parents Are Divorced, Deceased, or Missing

Grandparents automatically have standing to seek visitation if one or both parents of the child are deceased. This provision acknowledges the potential importance of maintaining familial bonds after the loss of a parent.

In cases where parents are divorced or separated, grandparents may also petition for visitation. However, they must demonstrate that such visitation serves the child’s best interests. The court examines factors such as the existing relationship between the grandparent and grandchild and the potential impact of visitation on the child’s well-being.

Applying the “Equitable Circumstances” Test

When both parents are alive and oppose grandparent visitation, the court requires grandparents to establish “equitable circumstances” to gain standing. This involves demonstrating that conditions exist that warrant the court’s intervention.

The court evaluates several factors to determine if denying visitation would be detrimental to the child’s welfare. These include the nature and extent of the grandparent-grandchild relationship, efforts made by the grandparent to maintain or establish a relationship with the child, and the reasons for the parents’ opposition to visitation.

Establishing “equitable circumstances” is a prerequisite for the court to consider the visitation request. Once standing is established, the court then assesses whether granting visitation aligns with the child’s best interests.

Residency and Relationship Criteria

The child must reside within New York State. This residency requirement ensures that the court has jurisdiction over the matter.

Additionally, the grandparent must demonstrate a significant existing relationship with the grandchild or that they have made substantial efforts to establish such a relationship. The court considers the frequency and quality of contact between the grandparent and grandchild, as well as any obstacles the grandparent faced in maintaining this relationship.

Special Rules for Intact Families

In families where both parents are married, living together, and raising their child jointly, New York courts take a careful approach to grandparent visitation requests. The law starts with the presumption that parents who are present and involved are acting in their child’s best interests, and their decisions about contact with grandparents carry significant weight.

To move forward in these situations, grandparents must provide strong and thoughtful evidence that the lack of contact would be harmful to the child. This may include showing that a close, ongoing relationship has existed and that disrupting it could affect the child’s emotional well-being. The court gives serious attention to any indication that the child might suffer from the loss of this connection.

At every stage, the court’s goal is to promote the child’s welfare. While the rights of parents are respected, the court also considers the positive role a grandparent may play in a child’s life, especially when a meaningful relationship has already taken root.

Eligibility Scenario	Explanation
Parent is Deceased	Grandparents have automatic standing to petition if one or both parents have died.
Parents are Divorced or Separated	Grandparents may seek visitation by showing it is in the child’s best interests.
Equitable Circumstances	If both parents are alive and object, grandparents must prove special circumstances that justify court intervention.
Residency Requirement	The child must live in New York State for the court to have jurisdiction.
Relationship Requirement	Grandparents must show a strong existing relationship or significant efforts to establish one.
Intact Families	In two-parent households, courts presume parents’ decisions are valid; strong evidence of harm from lack of contact is required.

How to File a Grandparent Visitation Petition in Family Court

In Manhattan, grandparents seeking visitation rights must follow a structured legal process governed by New York State law. This involves filing a petition in the Family Court located in the county where the child resides. The court evaluates such petitions based on statutory criteria and the child’s best interests.

Gathering Documents and Supporting Evidence

Before filing, it’s essential to compile documentation that substantiates the grandparent-grandchild relationship and supports the visitation request. This may include:

• Photographs, letters, or cards exchanged between the grandparent and grandchild.
• Records of visits, phone calls, or other interactions.
• Affidavits from individuals familiar with the relationship.
• Evidence of attempts to maintain contact if access has been denied.

Such evidence assists the court in assessing the nature and depth of the relationship, which is crucial in determining the petition’s merit.

Serving Notice on the Child’s Parents

After filing the petition, the next step is to serve notice to the child’s parents or legal guardians. This legal requirement ensures that all parties are informed and have the opportunity to respond. Proper service is critical; failure to notify the appropriate individuals can result in delays or dismissal of the petition.

What Happens at the Initial Hearing

The Family Court schedules an initial hearing to review the petition. During this proceeding, the judge examines the submitted evidence and listens to arguments from both the petitioner and the respondents. The court may also consider appointing an attorney for the child to represent the child’s interests independently. The judge’s primary focus is to determine whether granting visitation aligns with the child’s best interests.

Possible Court Orders and Next Steps

If the court finds in favor of the grandparent, it may issue an order outlining the visitation schedule, including specifics such as frequency, duration, and conditions of visits. The order aims to facilitate meaningful contact while respecting the family’s circumstances.

Should circumstances change, either party can request a modification of the visitation order. Additionally, if the visitation order is not honored, the grandparent may seek enforcement through the court to address non-compliance.

Throughout this process, the court’s paramount concern remains the child’s welfare, ensuring that any visitation arrangement serves the child’s best interests.

When Grandparents Can Seek Custody Instead of Visitation

In New York, grandparents may pursue custody of their grandchildren under specific legal conditions. While parents hold a fundamental right to raise their children as they see fit, courts recognize that certain situations may necessitate placing a child in the care of a grandparent if it considers that a change in custody is in the child’s best interest.

Proving Extraordinary Circumstances or Parental Unfitness

To petition for custody, grandparents must first establish “extraordinary circumstances” that justify overriding a parent’s custodial rights. New York courts have identified several scenarios that meet this threshold:

• Abandonment: A parent has voluntarily relinquished care and control of the child for an extended period.
• Persistent Neglect: Ongoing failure to provide proper care, supervision, or support.
• Unfitness: Issues such as substance abuse, mental illness, or a history of abuse that impair the parent’s ability to care for the child.
• Extended Disruption of Custody: The child has lived with the grandparent for a significant time, typically 24 months or more, during which the parent has not maintained a consistent relationship with the child.

Once extraordinary circumstances are established, the court proceeds to determine whether granting custody to the grandparent serves the child’s best interests.

Differences Between Custody and Guardianship

While both custody and guardianship involve assuming responsibility for a child, they differ in legal implications and processes:

• Custody: Typically sought in Family Court, custody grants the caregiver authority over the child’s living arrangements and decision-making. It is often considered a more permanent arrangement.
• Guardianship: Established through the Surrogate’s Court, guardianship may be temporary or permanent and can be tailored to specific needs, such as managing the child’s property or making medical decisions.

The choice between seeking custody or guardianship depends on the circumstances and the desired scope of authority.

Emergency Applications for Protective Custody

In situations where a child faces immediate danger due to abuse, neglect, or other serious risks, grandparents may seek emergency custody orders. New York law permits such actions when there is reasonable cause to believe that the child’s life or health is in imminent danger.

To obtain emergency custody, the grandparent must file a petition demonstrating the urgent need for intervention. The court may then issue a temporary order to remove the child from the harmful environment and place them in the grandparent’s care pending further proceedings.

These measures aim to protect the child’s well-being while ensuring that due process is followed in determining long-term custody arrangements.

Building a Strong Case for Grandparent Visitation

In New York, grandparents seeking visitation rights must present a compelling case that aligns with the child’s best interests. Courts evaluate various factors to determine if granting visitation is appropriate. Strengthening your petition involves thorough preparation and a clear demonstration of your relationship with the grandchild.

Documenting Consistent Involvement in the Child’s Life

Establishing a history of active participation in your grandchild’s life is crucial. Courts look for evidence that showcases a meaningful and ongoing relationship. Consider compiling:

• Photographs: Images capturing shared activities and milestones.
• Correspondence: Letters, emails, or messages exchanged with the grandchild.
• Event Records: Documentation of attendance at school functions, extracurricular activities, or family gatherings.

These materials help illustrate the depth and consistency of your involvement, reinforcing the significance of your presence in the child’s life.

Demonstrating Support for Health, Education, and Stability

Highlighting your contributions to the child’s well-being can strengthen your case. Courts consider the practical support provided by grandparents. Examples include:

• Healthcare Assistance: Involvement in medical appointments or care routines.
• Educational Support: Helping with homework, attending parent-teacher conferences, or contributing to educational expenses.

Demonstrating such support underscores your role in promoting the child’s health, education, and overall stability.

Using Expert Evaluations and Witness Testimony

In certain cases, professional assessments and third-party testimonies can provide objective insights into the child’s needs and the benefits of grandparent visitation. Courts may consider:

• Mental Health Evaluations: Assessments conducted by licensed professionals to evaluate the child’s emotional well-being and the impact of grandparent involvement.
• Witness Statements: Testimonies from teachers, coaches, or family friends who can attest to the positive influence of the grandparent-grandchild relationship.

Such evidence can offer a comprehensive view of the child’s environment and the potential advantages of maintaining a relationship with the grandparent.

Mediation and Settlement Options

Before proceeding to court, exploring alternative dispute resolution methods like mediation can be beneficial. Mediation involves a neutral third party facilitating discussions between the grandparent and the parents to reach a mutually agreeable visitation arrangement. This approach can:

• Reduce Conflict: Encourage cooperative communication and minimize adversarial interactions.
• Save Time and Resources: Potentially expedite the resolution process and reduce legal expenses.
• Promote Tailored Solutions: Allow for flexible arrangements that cater to the specific needs of the child and family dynamics.

Engaging in mediation reflects a willingness to collaborate, which courts may view favorably when considering the best interests of the child.

Working with a Seasoned Manhattan Family Law Attorney 

A skilled Manhattan family law attorney can provide valuable guidance to grandparents seeking visitation or custody. Legal counsel can help prepare and file the necessary petitions, gather evidence of the relationship with the child, and present a clear case that aligns with New York’s legal standards. An attorney can also represent grandparents in court hearings, respond to parental objections, and advise on the most appropriate legal strategy, including when to consider mediation. With informed support, grandparents are better positioned to present their case effectively and focus on protecting their relationship with the child.

Preserving Meaningful Bonds Through Legal Support

Maintaining a grandparent’s role in a child’s life can offer comfort, consistency, and meaningful connection, especially during times of family change. While New York law respects the rights of parents, it also provides legal avenues for grandparents who seek to maintain or rebuild that bond. If you’re facing barriers to seeing your grandchild, legal action may offer a path forward. The Law Office of Richard Roman Shum, Esq., in Manhattan is prepared to support grandparents through each step of the process with clarity and care. Reach out today to explore how you can protect your relationship and contribute positively to your grandchild’s future. To schedule a free consultation, contact us today at (646) 259-3416.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/what-are-grandparents-rights-in-new-york/

Divorce Advice for Men

Divorce is a profoundly transformative process that can change anyone, regardless of gender. However, it’s crucial to recognize that men often face unique challenges during divorce, from emotional struggles to financial issues and child custody concerns. At the Law Office of Richard Roman Shum, Esq., we understand that every divorce is unique, and we are here to provide skilled legal support tailored to your specific needs.

If you’re a man going through a divorce in Manhattan, know that you don’t have to face this journey alone. Our experienced Manhattan divorce lawyers at the Law Office of Richard Roman Shum, Esq. can assist you in addressing the challenges of divorce. We can help provide information to protect your interests, such as what can be used against you in a divorce, and help you avoid potential pitfalls, while taking into consideration fairness and equity for all parties involved. Our goal is to provide the legal guidance, support, and representation needed to achieve a smooth transition into the next chapter of your life.

Contact us today at (646) 259-3416 or fill out our online form for a confidential consultation, and let us be your trusted advocate in this process. Together, we can work toward a resolution that prioritizes your rights, the well-being of your children, and your overall peace of mind.

Unique Challenges of Men Going Through a Divorce

Men undergoing divorce often encounter unique challenges that can be influenced by societal gender biases. While it’s essential to note that every divorce is unique, and not all men will experience the same difficulties, there are some common challenges that divorced men may face, along with the potential effects of gender bias:

• Emotional Stigma: Men may feel societal pressure to hide or downplay their emotions during divorce. Gender biases can discourage men from seeking emotional support, which may lead to increased stress and mental health challenges.
• Child Custody Battles: Gender biases may perpetuate the assumption that women are inherently better caregivers. As a result, men may face difficulties in securing equal custody or visitation rights, even when they are well-equipped to provide loving and stable homes for their children.
• Financial Obligations: Some men may struggle with the perception that they are primarily responsible for financial support, including alimony and child support. Gender biases can contribute to unfair expectations or judgments regarding their financial contributions.
• Support Networks: Men may have fewer emotional support networks compared to women, as they may be less likely to share their feelings or seek help from friends and family. Gender biases that discourage men from seeking support can exacerbate feelings of isolation.
• Legal Rights: In some cases, men may perceive that the legal system is biased against them, particularly in matters of child custody and spousal support. This perception can lead to distrust of the legal process.

These challenges are not inherent to men but can be influenced by societal norms and biases. Divorce should be approached with a focus on fairness and equity for all parties, irrespective of gender. Seeking legal advice from experienced divorce attorneys who understand these challenges can help men manage the process effectively and ensure that their rights and interests are protected. Additionally, challenging gender biases and promoting open dialogue about men’s experiences during divorce can contribute to a more equitable and compassionate divorce process for everyone involved.

Challenges Faced by Men in Divorce	Potential Effects of Gender Bias
Emotional Stigma	Men may feel societal pressure to hide or downplay their emotions during divorce. This can lead to increased stress and mental health challenges.
Child Custody Battles	Gender biases may perpetuate the assumption that women are inherently better caregivers. Men may face difficulties in securing equal custody or visitation rights.
Financial Obligations	Some men may struggle with the perception that they are primarily responsible for financial support, including alimony and child support. This can lead to unfair expectations or judgments.
Support Networks	Men may have fewer emotional support networks compared to women, as they may be less likely to share their feelings or seek help from friends and family. Gender biases can exacerbate feelings of isolation.
Legal Rights	In some cases, men may perceive that the legal system is biased against them, particularly in matters of child custody and spousal support. This perception can lead to distrust of the legal process.

What Should Men Do First When Considering Divorce?

Men should first consult an experienced divorce attorney to understand their rights and legal options. They should also gather financial documents, avoid impulsive decisions, and protect their communication privacy. Taking these steps early ensures a more informed and strategic divorce process.

Preparing for Divorce

Getting ready for divorce involves several critical steps. Before initiating divorce proceedings in Manhattan, it’s crucial to have a solid understanding of the divorce laws specific to the area. New York divorce laws can be complex, and knowing the legal framework will help you go through the process more effectively. Some key points to consider include:

• Residency Requirements: Familiarize yourself with the residency requirements for filing for divorce in New York. Generally, you or your spouse must have lived in the state for a certain period, typically one year, to file.
• Grounds for Divorce: New York allows both no-fault and fault-based divorce. Understand the different grounds for divorce, including irretrievable breakdown of the marriage (no-fault) and fault-based grounds like cruelty or abandonment.

In addition, New York follows the principle of equitable distribution, which means marital property is divided fairly, though not necessarily equally. Understand how property division works and what assets may be considered marital or separate property.

Familiarize Yourself with Your Rights and Responsibilities

Understanding your rights and responsibilities during divorce is essential. This includes knowing your entitlements, obligations, and potential consequences. Key aspects to consider include being aware of your rights and responsibilities regarding child custody, knowing your potential financial obligations, including child support and alimony (spousal support), and familiarizing yourself with the factors that impact the determination of support payments. 

Tackling these factors with a clear mindset becomes easier when you have a fair inkling of what they entail. Having at least a background of these points can help you be more aware of your options. Consulting a skilled attorney can also assist you in becoming more knowledgeable about your rights and responsibilities as a party in a divorce.

Gather Financial Documentation

To prepare for divorce proceedings, it’s essential to gather all relevant financial records and documents. This includes:

• Income Documentation: Collect records of your and your spouse’s income, including pay stubs, tax returns, and W-2 forms.
• Bank and Investment Statements: Obtain statements from bank accounts, investment accounts, retirement accounts, and any other financial assets.
• Real Estate Documents: Gather documents related to real estate, such as deeds, mortgage statements, and property appraisals.
• Debt Records: Compile information about outstanding debts, including credit card statements, loans, and mortgages.

Create a comprehensive inventory of all marital assets and debts. This inventory should include detailed information about each asset’s value, location, and any associated debts. Having a clear picture of your financial situation will be invaluable during property division negotiations and legal proceedings.

Find a Reputable Manhattan Divorce Lawyer

Selecting the right divorce attorney is a critical step in preparing for divorce. Consider the following when searching for a reputable Manhattan divorce lawyer:

• Experience: Look for an attorney with substantial experience in divorce and family law cases, particularly in Manhattan.
• Specialization: Choose an attorney who specializes in divorce and family law, as they will have a deep understanding of divorce-related issues.
• Reputation: Research and read reviews to find an attorney with a positive reputation and a track record of success.
• Initial Consultation: Schedule an initial consultation to discuss your case and gauge whether the attorney is a good fit for your needs.

Before proceeding with divorce, it is also crucial to establish clear goals and priorities. Consider what matters most to you, such as:

• Child Custody: Determine your preferred custody arrangements and consider the best interests of your children.
• Property Division: Define your objectives for property and asset division, including what assets are most important to you.
• Financial Matters: Decide how you want to approach financial matters like spousal support and child support.

Having well-defined goals will help you and your attorney work toward achieving the best possible outcome in your divorce proceedings. Consider discussing your goals with your attorney to develop a strategic plan for your case.

Protecting Your Interests

During a divorce, it’s essential to protect your interests in various aspects of the process. Here are key steps to safeguard your rights and financial well-being:

Safeguarding Your Finances

One of the first financial steps you should take when considering divorce is to open a separate bank account in your name only. This account will serve as a safe place for your income and allow you to maintain control over your finances.

The separate account helps ensure that your income is not mingled with your spouse’s funds, which can be important when it comes to determining support payments and dividing assets. Having your own account also provides you with financial independence and ensures you have access to funds to cover your immediate needs.

Monitor Joint Financial Accounts and Credit

Continuing to monitor joint financial accounts and your credit is essential throughout the divorce process. Keep a close eye on joint bank accounts, credit card statements, and any shared financial responsibilities. Be vigilant for any unusual or unauthorized transactions.

If you and your spouse share a credit card, it may also be crucial to obtain and review your credit report regularly to ensure there are no unexpected changes or inaccuracies that could affect your credit score. By staying informed and proactive, you can avoid being caught unawares by financial challenges and protect your interests during the divorce.

Be Aware of the Different Types of Custody Arrangements

In New York, several custody arrangements can be considered during divorce proceedings. Understanding these arrangements is crucial:

• Sole Custody: In this arrangement, one parent has sole physical and legal custody of the child, while the other parent may have visitation rights.
• Joint Custody: Joint custody typically involves shared legal custody, where both parents make decisions about the child’s upbringing, even if physical custody is not equal.
• Shared Custody: Shared custody arrangements aim to provide the child with substantial time with both parents, often on an equal or near-equal basis.

It is beneficial to consider the type of custody arrangement that best fits your family’s circumstances and causes the least negative impact on your children. Considering this aspect of your divorce allows you to plan ahead.

In all child custody matters, the best interests of the children are the primary consideration. Factors considered include the child’s relationship with each parent, their emotional and physical well-being, and their stability in school and community. Focus on what is best for your children and work towards arrangements that support their needs, even if it means compromising on certain issues.

Navigating Spousal Support

New York has specific laws regarding spousal support (alimony). It’s crucial to understand these laws, including factors that may influence the amount and duration of alimony payments. Know the criteria for spousal support eligibility, including income disparities and financial needs.

It would also help to be aware of how alimony payments are calculated, as this can vary based on your unique circumstances.

Depending on your financial situation, you may be required to pay alimony to your spouse. Being prepared means anticipating the financial impact alimony payments on your post-divorce budget can have and seeking legal advice to fully understand your obligations and explore potential negotiation strategies.

Managing Emotional Well-being

Divorce can be emotionally challenging, so it’s essential to seek support from friends and family who can provide a listening ear and emotional encouragement during this time. Don’t hesitate to share your feelings and concerns with trusted individuals who can offer empathy and understanding.

If you find that the emotional toll of divorce is overwhelming, consider seeking professional therapy or counseling services. Therapy can provide you with coping strategies and emotional tools to help you through this difficult period.

Explore options for individual or family therapy to address emotional and relationship challenges arising from divorce. Seeking counseling may also be beneficial for your children if they are struggling to cope with the divorce. Remember, their emotional well-being is paramount.

Prioritizing your emotional well-being and seeking support when necessary can help you better handle the emotional aspects of divorce and protect your overall interests during this challenging time.

During the Divorce Process

The divorce process can be emotionally challenging and legally complex. For a smoother and more effective experience, consider the following strategies and steps:

Maintain Open and Respectful Communication with Your Spouse

Effective communication with your spouse is key during divorce proceedings. Keep conversations respectful and civil, focusing on the issues at hand rather than personal attacks. When possible, work together to find mutually agreeable solutions, especially in matters related to property division, child custody, and support.

Use Mediation or Negotiation When Possible

In many cases, using mediation or negotiation to settle matters of child custody and support, alimony, and property division can be more amicable and cost-effective alternatives to litigation. Mediation and negotiation aim to minimize conflicts and encourage compromise, which can lead to more satisfactory outcomes. These methods can often lead to quicker resolutions compared to court litigation. Lastly, you have more control over the outcome of your divorce when you actively participate in mediation or negotiation.

Listen to Your Attorney’s Guidance

Your divorce attorney is your advocate and legal expert. It’s essential to heed their advice and guidance throughout the process. Trust in your attorney’s knowledge of New York divorce laws and procedures. Make sure to provide your attorney with all necessary documents and information to support your case as this can help them make a comprehensive strategy that benefits your situation. Working closely with your attorney and being hands-on about the divorce process can help you make informed decisions regarding your divorce.

Managing Stress and Self-Care

Divorce can be a highly stressful experience. Implement self-care strategies to manage stress effectively. Studies have shown that going through a divorce often go through identity crises and turn to self-medicating with alcohol and drugs as a way to cope. Prioritize proper nutrition, regular exercise, and sufficient sleep to support your physical and emotional well-being.

It is also common for men in high-stress situations to develop serious physical and mental health problems such as depression, high blood pressure, weight fluctuations, insomnia, fatigue, and anxiety. Sticking to a daily routine as much as possible to provide stability and structure during a period of change. Explore ways to reduce stress and, if you find yourself struggling to cope, consider seeking the assistance of a therapist or counselor to address emotional and mental health challenges.

Implementing effective communication, following legal advice, prioritizing your children’s well-being, and practicing self-care can help you move through the divorce process in accordance with New York divorce laws while minimizing the emotional and legal challenges that may arise.

What Are Common Legal Mistakes Men Make During Divorce?

Fathers often face emotional and legal hurdles during custody battles. Avoiding critical mistakes can make a significant difference in how a case progresses. Here are some common pitfalls that can hurt your position in court:

• Letting Emotions Take Control: It’s natural to feel frustrated or upset, but losing control of your emotions can harm your case. Avoid angry outbursts, heated arguments with your co-parent, or posting negative comments on social media. Such behavior can be used against you to question your ability to provide a stable environment for your child.
• Ignoring Court Orders or Deadlines: Missing deadlines for paperwork, hearings, or violating court-ordered custody arrangements can significantly hurt your credibility. Always treat these obligations as priorities to demonstrate your respect for the legal process.
• Failing to Show Active Involvement: It’s not enough to say you’re present in your child’s life, you need to prove it. Keep records of your involvement in your child’s life like school meetings, doctor visits, and time spent together. These details matter when showing your role as a responsible parent.
• Believing You’re at a Disadvantage: Many fathers think courts always favor mothers. While this belief is common, courts today focus on the child’s best interests. Approaching the case with a defeatist attitude can lead to poor preparation or giving up prematurely. Confidence and preparation are vital.
• Going Without Legal Help: Family court procedures are intricate, and attempting to handle them yourself can lead to costly mistakes. Seek proper guidance to ensure your case is presented effectively and to avoid being at a disadvantage.

Fathers who stay organized, follow the law, and remain focused on their child’s well-being are more likely to reach a fair outcome. Avoiding these mistakes can improve your chances of securing a stronger custody arrangement.

What are Men’s Rights in a Divorce?

Men’s rights in a divorce encompass a range of legal provisions aimed at safeguarding a husband or father’s interests throughout the dissolution of a marriage. These rights are crucial for ensuring that the process remains equitable and just for both parties involved.

One of the primary areas of consideration is the division of property. Men are equally entitled to a share of the assets that were accumulated over the course of the marriage. This division is based on fairness, ensuring that neither spouse suffers financial prejudice as a result of the divorce.

Spousal support, often a contentious issue, must also be settled equitably. Men have the right to a fair determination of alimony that considers their financial circumstances and capacity to pay. This prevents the imposition of undue financial strain on men post-divorce.

Significantly, men’s rights in divorce extend to the realm of parental responsibilities. It is widely acknowledged that fathers play an indispensable role in their children’s lives. Thus, men have the right to seek parental access and strive for custody of their children. This ensures that they continue to contribute to their children’s upbringing and participate in vital decisions affecting their children’s futures.

The evolution of these rights reflects a shift towards a more gender-neutral approach in legal proceedings. The outdated presumption that women are inherently more suited to be the primary caregivers has been challenged, and there is now an equal emphasis on the father’s role as a parent.

Legal advocates for men’s rights continue to push for advancements that promote fairness. By raising awareness about the specific issues men face during divorce, the goal is to foster a legal system that upholds true equality and fairness for everyone involved in a divorce.

Post-Divorce Transition

After the divorce is finalized, it’s time to focus on moving forward and building a new chapter in your life. Here are important considerations during the post-divorce transition:

Embrace the Opportunity for a Fresh Start

While divorce can be challenging, it also offers an opportunity for a fresh start and personal growth. Approach your new life as a chance for personal development and new experiences. Take the time to rediscover yourself, your interests, and your passions outside of the marriage.

Set New Goals and Aspirations for Yourself

As you transition into a new phase of your life, consider setting meaningful goals and aspirations. Establish achievable short-term goals that you can work towards immediately, such as improving your health or acquiring new skills. Think about your long-term aspirations, including career ambitions and personal achievements. Last but not least, align your financial goals with your new financial situation, ensuring that you’re on track for financial stability and success.

Reevaluate Your Financial Situation

Post-divorce, it’s essential to reassess your financial circumstances. For couples accustomed to having two incomes in their household, transitioning to only having a single income, especially with children, may be difficult.

Create a detailed budget that reflects your current income and expenses. This will help you understand your financial position and identify areas where adjustments may be necessary. Most importantly, if you have acquired debt during the divorce process, develop a strategy for managing and reducing it over time.

Create a Budget and Savings Plan

A well-planned budget and savings strategy can provide financial security. Consider developing a realistic budget that includes necessary expenses, savings, and discretionary spending. Stick to this budget to ensure financial stability. It can also be beneficial to build an emergency fund to cover unexpected expenses and emergencies, providing peace of mind.

Reevaluate your retirement savings plan to ensure you’re on track to meet your long-term financial goals. 

Maintain a Positive Co-Parenting Relationship

Successful co-parenting is crucial for the well-being of your children. Continue to communicate openly and respectfully with your co-parent about matters related to your children. Being consistent in parenting styles and routines between households allows you to foster stability for your children. Address any conflicts or disagreements amicably and consider seeking mediation if necessary.

Keep the Best Interests of Your Children in Mind

Make decisions and choices that focus on what is best for your children’s physical, emotional, and psychological well-being. Be willing to adjust custody and visitation arrangements as your children’s needs and preferences change over time.

Fulfill Your Legal Obligations

If your divorce decree includes obligations such as alimony or child support, it’s essential to fulfill them as required by law. Make payments on time and in the specified manner outlined in the divorce decree. Maintain open communication with your co-parent regarding financial matters and payments.

Know the Process for Seeking Modifications

Knowing the process for seeking modifications to court orders related to child custody, support, and alimony is essential for divorced men to adapt to changing circumstances. It allows them to protect their financial well-being, ensure the best interests of their children, and maintain legal compliance. Understanding this process provides peace of mind and helps ensure that court orders remain fair and equitable over time, allowing divorced men to manage post-divorce life effectively.

Being aware of your legal obligations and the steps for seeking modifications when circumstances change will help you follow New York divorce laws while continuing to support your children’s best interests.

Working with a Skilled Manhattan Divorce Lawyer From The Law Office of Richard Roman Shum

In divorce, men, like women, face a range of challenges, from emotional stress to complex legal matters. At the Law Office of Richard Roman Shum, Esq., we believe in providing equal support and guidance to all individuals going through this difficult process. Our skilled Manhattan divorce lawyers are here to help you address the unique impact of divorce.
If you’re a man going through a divorce in Manhattan, remember that you have the right to compassionate and effective legal representation. Our dedicated team at the Law Office of Richard Roman Shum, Esq. is ready to assist you in every aspect of your divorce, from child custody matters to financial negotiations. We understand the challenges you may be facing, and our goal is to provide you with the support and insight you need to achieve a fair resolution. Contact us today by calling (646) 259-3416, and let us help you transition smoothly into the next chapter of your life. Together, we can work toward a divorce process that upholds your rights, prioritizes your well-being, and leads to a just outcome for all parties involved.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/divorce-advice-for-men/

How Far Can a Parent Move with Joint Custody in New York?

Joint legal custody is a common arrangement in family law where both parents share the legal responsibility for raising their children, even though the children may reside primarily with one parent. However, these arrangements can often be difficult to manage, especially when one parent wishes to relocate. In New York State, parents with joint custody must adhere to strict guidelines when deciding how far a parent can move while still maintaining joint custody agreements. It is important for parents to understand these guidelines to avoid legal disputes and potentially damaging effects on their children.

When it comes to resolving disputes related to child custody and relocation, seeking the assistance of a knowledgeable legal professional can prove invaluable. At the Law Office of Richard Roman Shum, Esq., divorce lawyer Richard Roman Shum and our team of experienced Manhattan child custody lawyers can provide critical guidance and advocacy during the legal process. From interpreting state laws and regulations to negotiating with the other parent and representing your interests in court, our team can help ensure that your rights as a parent are protected. Contact us today at (646) 259-3416 to learn more about how we can help.

Definition of Joint Custody in New York

When parents with children get divorced, the issue of child custody often becomes contentious. In New York, joint custody is defined as an arrangement in which both parents have legal and physical custody of the child. Legal custody entails the right to make major decisions for the child, while physical custody deals with where the child will primarily reside. 

In joint custody arrangements, both parents share these responsibilities. This ensures that both parents have a say in important decisions that affect their child’s future, such as education, healthcare, and religion. New York law requires both parents to form an agreement on joint custody, and it must be in the best interest of the child for a judge to approve it.

Types of Joint Custody in New York

When it comes to joint custody, New York recognizes two types: joint legal custody and joint physical custody. 

Joint legal custody refers to both parents having an equal say in important decisions that affect their child’s life, such as medical care and education. Joint physical custody, on the other hand, refers to the amount of time each parent spends with the child. It is possible for parents to have joint legal custody but not joint physical custody, or vice versa. 

In some cases, joint legal and physical custody may be granted. However, this is only done if it is in the child’s best interests, which can be determined by various factors, including the parents’ ability to cooperate and communicate effectively to make decisions regarding their child’s well-being.

Factors Considered in Determining Joint Custody

When determining joint custody arrangements in New York, there are several factors that the court will consider. 

Co-Parenting Abilities

The ability of parents to effectively co-parent remains crucial even when they no longer live together. It is important to recognize that co-parents may occasionally have minor disagreements, as even married parents may not always see eye to eye on parenting decisions. However, the court requires assurance that both parents are capable of working through these disagreements and making compromises that result in mutually agreed-upon decisions. If one parent consistently undermines the other and fails to prioritize the child’s best interests over their own agenda, it raises concerns during the court’s evaluation.

Emotional and Physical Capacity

The court will also evaluate whether both parents have the emotional and physical capacity to adequately care for the child. For example, a parent struggling with substance abuse issues may be unable to provide the necessary stability and care that the child requires.

Consistency

Children thrive when they have consistency in their lives, which fosters a sense of security. Knowing the parent’s regular schedule for coming home, dinner, bedtime routine, and other predictable aspects of their daily life is crucial for a child’s well-being. If a parent is unwilling or unable to adjust their lifestyle to meet these needs, the court will take this into consideration, significantly reducing their chances of obtaining custody.

History of Domestic Violence

If a parent has a documented history of domestic violence towards the other parent or the child, it is highly unlikely that they will be granted custody. In such cases, the court often grants limited visitation rights, and depending on the severity of the violence, may even require supervised visitation.

Ultimately, the court will strive to create a custody arrangement that is in the child’s best interests while also taking into account each parent’s rights and responsibilities. It is important for parents to present evidence and arguments in court that support their case for joint custody and show that they are capable of meeting their child’s needs.

Factors Considered in Determining Joint Custody	Description
Co-Parenting Abilities	The ability of parents to effectively co-parent and make mutually agreed-upon decisions.
Emotional and Physical Capacity	Evaluation of both parents’ emotional and physical capacity to provide adequate care for the child.
Consistency	The ability of a parent to provide consistency and stability in the child’s daily life.
Prior Domestic Violence	Any documented history of domestic violence towards the other parent or the child.

How Far Can a Non-Custodial Parent Move?

A non-custodial parent in New York can generally move without court approval unless the relocation significantly affects the custodial agreement. If the move significantly interferes with the child’s visitation schedule or welfare, court approval is required to modify the custody order.

If the relocation affects the non-custodial parent’s ability to meet the agreed-upon custody terms, both parents must reconsider the terms of the order. They have two options: they can either mutually agree to modify the custody arrangement to reflect the new circumstances or, if no agreement is reached, the moving parent must file a motion with the court to seek approval for a modification of the custody order.

The court’s decision will typically depend on the best interests of the child, considering factors such as the child’s need for stability, the quality of the relationship with both parents, and how the move might benefit the child’s emotional and physical well-being.

Therefore, a non-custodial parent who is considering a move should first consult with a legal professional to discuss the potential effects on their custody arrangement and explore the legal steps necessary to proceed with the relocation in a manner compliant with court requirements and beneficial to the child’s best interests.

Can a Parent Take a Child Out of State Without the Other Parent’s Consent in New York?

A parent cannot take a child out of New York without the other parent’s consent if there is a custody order in place. Doing so may violate custody agreements and be considered parental kidnapping. Court approval or written consent is required to legally relocate a child out of state.

Failure to comply with this requirement can result in being charged with contempt of the custody agreement. This violation might lead to fines, penalties, and even jail time, underscoring the gravity of the situation.

The court’s primary focus is the child’s best interests. The custodial parent should meticulously review any custody and court-ordered agreements before making relocation decisions. If there is a significant reason for the move, such as a new job, remarriage, or educational pursuits that promise better financial opportunities, the court may grant a modification of the custody order.

It is crucial for a custodial parent contemplating an out-of-state move with their child to consult with a Manhattan child custody lawyer to avoid violating custody or visitation orders and to protect their and their child’s interests. For comprehensive legal guidance, contact the Law Office of Richard Roman Shum, Esq. to address these challenging custody matters.

Manhattan child custody attorney

Parental Relocation Laws in New York

Parental relocation refers to the act of a parent with custody moving from their current residence to a new one. In the context of joint custody arrangements in New York, parental relocation can have significant consequences for the non-moving parent, the child, and the overall arrangement. It is important to differentiate between relocation that is within the same geographical area and relocation that involves a significant distance.

Laws Governing Parental Relocation in New York

When a parent with custody of a child decides to relocate, it can potentially disrupt the regular parenting time of the non-custodial parent and limit the child’s access to them. Child custody orders and agreements typically address the issue of relocation. In some cases, a judge may require or the parents may agree that the custodial parent must remain within a specific geographical area, such as a city or borough. If the child custody order does not include provisions for relocation, the custodial parent will need to seek permission from the court to move.

Even if the agreement grants the right to move, it is recommended for the custodial parent to establish a new parenting time arrangement with the non-custodial parent or obtain a court order to ensure the move is approved. The court’s primary consideration in such cases is the best interest of the child. Factors that the court will consider when deciding on relocation include:

• The reasons behind each parent’s desire to either relocate or oppose the relocation.
• The quality of the child’s relationship with each parent.
• The potential impact of the move on the child’s future contact with the non-custodial parent and any siblings (if separating siblings can be avoided, the court may prefer that).
• The potential improvement in the child’s life, including financial, emotional, and educational aspects, as a result of the relocation.
• The ability to maintain a positive relationship between the non-custodial parent and the child through alternative visitation arrangements.

In any situation involving relocation, it is generally recommended for the custodial parent to obtain written confirmation from the non-custodial parent consenting to the move or to obtain a court order allowing the relocation to proceed.

Notice Requirements for Parental Relocation

Notice requirements for parental relocation are an essential component of joint custody arrangements in New York. According to New York law, a parent intending to relocate with a child after a divorce or separation must provide written notice to the other parent within a specific time frame. The notice must contain the intended date of relocation, the address of the new residence, and the reasons for the move. 

It is important to note that a failure to provide written notice could result in a modification of custody arrangements or even contempt of court. Moreover, the notice must be sent by certified mail, return receipt requested, or by personal delivery with proof of receipt. The receiving parent has legal remedies to challenge the proposed relocation, such as filing an objection with the court or seeking an expedited hearing. In some cases, the parties may attempt to reach an agreement which considers the best interests of the child, such as a revised schedule of visitation. 

However, absent an agreement, the court will review the circumstances under the factors considered in determining parental relocation in making a final determination.

Factors Considered in Determining Parental Relocation

When a parent with joint custody wishes to relocate with their child, the court must consider several factors before allowing or denying the move. Some of the factors that will be taken into account include:

• Child’s relationship with both parents
• Impact on the child’s education and social life
• Ability of the non-moving parent to maintain a relationship with the child
• Availability of alternative arrangements for the child to maintain a relationship with the non-moving parent
• Past and present fitness of each parent
• Favorability of the moving parent’s employment and economic opportunities compared to the non-moving parent in New York
• Special needs or talents of the child
• Quality of schools, medical facilities, and other services in both locations
• Any other factors relevant to the best interests of the child 

Overall, the court will always prioritize the well-being of the child when making a decision about relocation.

What Is the Tropea Standard for Parental Relocation in NY?

The Tropea Standard comes from the 1996 New York Court of Appeals case Tropea v. Tropea. This case set the legal framework for deciding whether a custodial parent can move with a child. Before this case, relocation requests in New York were often met with strict rules or assumptions about harm, leading to inconsistent outcomes. The Tropea ruling moved away from those rigid standards, focusing instead on the best interests of the child.

The court emphasized that no single factor, such as the distance of the move or the non-custodial parent’s objections, should automatically control the outcome. Instead, judges must review all relevant details. These may include the child’s relationship with both parents, the reason for the relocation, the impact on visitation, and the potential benefits or drawbacks for the child.

Under this standard, the parent who wants to move must show that the relocation would likely improve the child’s life, whether through better schools, stronger support systems, or improved living conditions. At the same time, the court will consider whether the move would limit the other parent’s access or harm the parent-child bond.

The Tropea ruling clarified that relocation is not automatically harmful to children. It shifted the focus away from parental convenience and toward child-centered reasoning. This flexible and fact-specific approach gives judges the discretion to adapt to modern family dynamics while prioritizing the child’s well-being.

Importance of Consulting with a Skilled New York Child Custody Attorney for Parental Relocation Cases

It is incredibly important for parents dealing with joint custody and parental relocation cases in New York to consult with an experienced attorney. These cases can often be complex and emotionally charged, and having a knowledgeable legal professional on your side can make all the difference. An attorney can help you understand your rights and obligations under New York law, as well as the many factors that the court will consider when making decisions about parental relocation. They can also provide guidance and support throughout the process, from negotiating with your co-parent to representing you in court if necessary.

At the Law Office of Richard Roman Shum, Esq., our skilled New York child custody lawyers can help parents in managing the challenges of joint custody and parental relocation cases in a compassionate and understanding manner. Our team understands the emotional toll that these cases can take on families and strives to provide personalized attention and guidance tailored to each client’s unique situation. Whether it involves negotiating a fair custody arrangement or presenting a strong case in court, our attorneys are dedicated to achieving the best possible outcome for our clients and ensuring that their children’s needs are prioritized throughout the process. Contact us  today at (646) 259-3416 to schedule a consultation.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/how-far-can-a-parent-move-with-joint-custody-in-new-york/

What is Pendente Lite?

Pendente lite, a Latin term meaning “pending the litigation,” refers to temporary court orders that are in effect while a divorce or family law case is ongoing. These orders are designed to provide stability and support for the less financially stable spouse during the divorce process. Pendente lite orders are a critical aspect of divorce law, providing temporary relief to address immediate needs until a final order is put in place.

If you’re facing the difficulties of a divorce in New York City, understanding and effectively managing pendente lite matters can be pivotal to your future. This is where the strategic guidance of the Law Office of Richard Roman Shum, Esq comes into play. With skilled New York City divorce lawyers advocating for you, you can gain invaluable insights and a strong voice in crafting a pendente lite order that reflects your needs and interests.

Our team can assist in securing an equitable arrangement for spousal support, maintaining consistency for your children through effective co-parenting, or protecting your business interests. At the Law Office of Richard Roman Shum, Esq, we understand the full potential of pendente lite orders and their long-term implications. Reach out to us today, and let us strengthen your case with the power of knowledge and experience. Call us at (646) 259-3416 to schedule a consultation.

Pendente Lite: An Overview

In New York family law, pendente lite refers to the various temporary orders that a court can issue after a divorce action has been filed but before the final judgment is granted. These orders can cover a wide range of issues, including child custody, spousal support, child support, and exclusive use of the marital home. The primary intention behind pendente lite orders is to maintain the status quo and to ensure that both parties are financially and emotionally supported during the divorce proceedings.

The Origins and Legal Basis of Pendente Lite Relief

Pendente lite relief stems from the inherent powers of New York courts to provide immediate and necessary relief to parties in a divorce. New York courts are empowered by the Domestic Relations Law to issue pendente lite orders. The legal basis for these orders is to prevent prejudice to one party by the actions of the other during the divorce process. For instance, if one spouse was the primary breadwinner, pendente lite support ensures that the other spouse and any children of the marriage are not left without financial resources.

Key Purposes of Pendente Lite Orders in Divorce Cases

There are several key purposes behind the issuance of pendente lite orders in New York divorce cases:

• To Provide Financial Support: A common use of pendente lite orders is to provide temporary spousal support (alimony) and child support to ensure that the lower-earning or non-earning spouse can maintain a reasonable standard of living throughout the divorce process.
• To Establish Custody Arrangements: Pendente lite orders may include temporary custody and visitation arrangements to ensure the well-being of the children involved.
• To Preserve Marital Assets: These orders can prevent the dissipation of marital assets by either spouse, ensuring that property division upon divorce is fair and equitable.
• To Address Immediate Needs: Pendente lite can cover anything from who will remain in the family home, to who will pay for ongoing expenses such as health insurance, mortgages, and car payments.

Pendente lite orders play an essential role in New York divorces, offering temporary solutions to urgent issues and preventing unnecessary hardship for the less financially secure spouse and children involved. The courts take great care in considering the immediate needs of both parties when crafting these orders, always with an eye towards fairness and maintaining the status quo until a final divorce decree is issued.

How to File a Pendente Lite Motion: A Step-by-Step Guide

Filing a pendente lite motion in New York follows a structured legal process:

• Draft the Motion: Begin by preparing the motion papers, which typically include a Notice of Motion, an Affidavit in Support detailing the relief sought and the reasons for the request, and any relevant exhibits.
• File the Motion with the Court: Submit the motion papers to the county clerk in the New York county where the divorce case is filed. Ensure that all necessary documentation is included and filing fees (if required) are paid.
• Serve the Motion: Legally serve the other party with the motion papers, following New York’s procedural requirements. This ensures the other spouse has the opportunity to respond.
• Submit Reply Affidavits (if necessary): After the opposing party has served their response, you may have the opportunity to submit a reply affidavit to address any new points raised.
• Attend the Hearing: Both parties will attend a court hearing where the judge will consider the arguments and evidence presented before making a decision on the pendente lite relief.
• Receive the Judge’s Decision: After the hearing, the judge will issue an order granting or denying the pendente lite relief requested, which is enforceable until the finalization of the divorce.

Steps in Filing a Pendente Lite Motion	Description
Draft the Motion	Prepare motion papers, including Notice of Motion, Affidavit in Support, and relevant exhibits.
File the Motion with the Court	Submit motion papers to the county clerk in the New York county where the divorce case is filed, ensuring all documentation is complete and fees (if required) are paid.
Serve the Motion	Legally serve the other party with the motion papers, adhering to New York’s procedural requirements to provide them an opportunity to respond.
Submit Reply Affidavits (if necessary)	If the opposing party responds, you may submit a reply affidavit to address new points raised.
Attend the Hearing	Both parties attend a court hearing where the judge considers arguments and evidence before making a decision on pendente lite relief.
Receive the Judge’s Decision	After the hearing, the judge issues an order either granting or denying the requested pendente lite relief, which remains in effect until the divorce is finalized.

How to Prepare for a Pendente Lite Hearing

A pendente lite hearing is a critical step in the early stages of a divorce or other family law cases, where temporary orders are established to manage affairs until a final decision is reached. Preparing effectively for this hearing can significantly impact the temporary relief you receive. Here are key steps to prepare:

• Gather Documentation: Start by collecting all necessary financial documents, including income statements, bank statements, tax returns, and a detailed list of expenses related to the needs mentioned in your motion. These documents will support your claims for financial support or other temporary relief.
• Organize Your Evidence: Once you have all the documents, organize them in a clear and logical order. This will help you quickly reference any document during the hearing, making your argument more compelling and easier to follow.
• Prepare Your Testimony: Consider the questions you might be asked during the hearing and prepare concise, factual answers. Practice explaining the necessity of your motion and the supporting evidence. This preparation will help you present a coherent and persuasive argument to the judge.
• Understand the Process: Each court may have specific procedures for pendente lite hearings. If your hearing is in a court with special procedures, discuss these with your attorney to avoid any surprises.
• Manage Your Expectations: Remember, pendente lite hearings are typically brief and focus on temporary solutions rather than resolving the entire case. They aim to address immediate financial or custodial issues to maintain stability until a full hearing can be held.

Legal counsel is invaluable in managing the challenges of such hearings. An experienced attorney can offer strategic advice, help with the preparation and presentation, and advocate on your behalf to increase the likelihood of a favorable outcome.

The Role of Attorneys in Crafting Pendente Lite Motions

Attorneys play a vital role in the pendente lite process:

• Legal Knowledge: They provide valuable legal guidance on what temporary relief is appropriate and permissible under New York law.
• Drafting Skills: Lawyers ensure that the motion is drafted correctly, presenting a clear and compelling argument for the requested relief.
• Evidence Gathering: Attorneys help collect and organize the necessary financial documents and evidence to support the motion.
• Representation: They represent the client in court, articulating the need for pendente lite relief and responding to the arguments of the opposing party.

Common Mistakes to Avoid When Filing for Pendente Lite Relief

To enhance the likelihood of success in pendente lite motions, avoid these common pitfalls:

• Incomplete Documentation: Ensure all financial information is accurate and comprehensive. Incomplete disclosures can delay the process or result in a less favorable outcome.
• Misunderstanding Financial Needs: Accurately calculate the temporary financial needs. Overestimating or underestimating can affect credibility and the level of support awarded.
• Poor Timing: File the motion promptly. Delaying the filing can result in financial hardship and may affect the court’s perception of the urgency of the needs.
• Neglecting Legal Representation: Attempting to handle pendente lite motions without an attorney can lead to procedural errors and weaken the case.

Following the proper steps, leveraging the assistance of a skilled attorney, and avoiding common mistakes, parties can effectively use pendente lite motions to secure the necessary temporary relief during the challenging time of divorce proceedings in New York.

When Can a Pendente Lite Motion Be Filed in New York?

A pendente lite motion can be filed in New York after a divorce action is commenced but before the final judgment. This motion requests temporary relief, such as spousal support or custody arrangements, while the case is pending. It must be based on immediate needs during litigation.

The Scope of Pendente Lite Orders

Pendente lite orders are an integral part of the divorce process in New York, providing interim relief in various aspects of the parties’ lives. These orders are designed to maintain the financial and familial status quo and ensure fairness while the divorce is pending. The scope of pendente lite orders is broad, covering everything from financial support to child custody and property management.

Financial Support and Maintenance: Temporary Alimony Explained

Under New York law, pendente lite maintenance, also known as temporary alimony, is intended to provide financial support to a spouse who earns less than the other during the divorce process. The state uses a specific formula to calculate temporary maintenance, considering factors such as the income of both spouses, the length of the marriage, and the standard of living established during the marriage. The goal is to ensure that the lower-earning spouse can maintain a lifestyle close to what was experienced during the marriage until the final divorce decree.

How Is Temporary Maintenance Calculated in New York?

In New York, temporary maintenance is calculated using a statutory formula designed to create consistency in divorce cases. This formula, implemented on October 13, 2010, considers the income of both spouses to determine the support amount. The calculation involves two methods, and the lower of the two results will determine the temporary maintenance amount.

• Subtract 20% of the receiving spouse’s income from 30% of the paying spouse’s income.
• Multiply the combined income of both spouses by 40% and subtract the receiving spouse’s income.

If temporary maintenance is paid alongside child support, there are adjustments to the figures used in the calculation. Additionally, New York law has introduced a cap on the paying spouse’s income when calculating maintenance. As of 2025, the income cap is $228,000. This cap helps promote fairness by limiting the income considered in high-earning households.

These guidelines aim to provide a clear framework that addresses both parties’ financial needs during the divorce process. However, courts may still deviate from the formula under specific circumstances, such as cases involving unusual financial situations and understanding how the formula works can help spouses go through the process and anticipate potential outcomes.

Child Support and Custody Arrangements During Pendente Lite

Child support and custody are critical issues addressed by pendente lite orders. New York courts follow the Child Support Standards Act (CSSA) to determine temporary child support, which includes a formula based on the parents’ combined income and the number of children. Regarding custody, the court’s primary concern is the best interests of the child, and temporary orders reflect arrangements that support the child’s well-being, stability, and safety. These orders set the precedent for parenting time and decision-making responsibilities during the divorce process.

Pendente Lite Relief for Property and Debt Management

Pendente lite orders can also address the management of marital property and debts. The orders may temporarily restrain both parties from selling, transferring, or dissipating marital assets. Additionally, the court may allocate responsibility for marital debts during the divorce proceedings, ensuring that creditors are satisfied and that neither spouse is unfairly burdened.

Addressing Health Insurance and Living Expenses Through Pendente Lite

Health insurance is often a contentious issue in divorces, and pendente lite orders may require that a spouse continue to provide health insurance coverage for the other spouse and any children. Additionally, living expenses such as mortgage or rent payments, utility bills, and other household costs can be allocated between the spouses to ensure that both parties can maintain a reasonable standard of living throughout the divorce process.

Evaluating the Impact of Pendente Lite on Divorce Outcomes

Pendente lite orders can shape the course of the divorce, impact negotiations, and sometimes even influence the final outcomes. Understanding the strategic importance of pendente lite motions is crucial for anyone going through a divorce in New York.

How Pendente Lite Orders Shape the Course of Divorce Negotiations

Pendente lite orders set a precedent for the financial and custodial arrangements during the divorce process. By establishing who pays for what, and who cares for whom, these orders can significantly impact the negotiations between spouses. For example, if one spouse is ordered to pay a certain amount of spousal support pendente lite, this figure might become a starting point for discussions about permanent alimony. Similarly, temporary custody arrangements can influence expectations and negotiations regarding permanent custody.

Attorneys often use pendente lite orders as leverage in negotiations, and these orders may encourage a more expedient settlement by establishing temporary certainty. Spouses may be motivated to settle rather than face the prospect of a prolonged situation that they find financially or personally challenging.

The Duration of Pendente Lite Orders and Modification Possibilities

Pendente lite orders are, by definition, temporary and last until the final divorce decree is issued. However, the duration of the divorce process in New York can vary greatly, meaning that pendente lite orders can sometimes be in place for a significant amount of time.

If circumstances change significantly during the divorce proceedings, either party may petition the court to modify the pendente lite order. For example, if the income of the paying spouse decreases or the needs of the children change, the court may consider adjusting the temporary support or custody orders accordingly.

Pendente lite orders are a powerful tool in New York divorce law with lasting effects. They provide immediate support and stability, shape the flow of negotiations, and can indirectly influence the final divorce decree. Parties to a divorce should approach pendente lite motions with a clear understanding of their strategic importance.

Pendente Lite in High-Asset Divorce Cases

High-asset divorce cases in New York are inherently challenging, involving a wide range of financial considerations that can significantly affect both parties’ futures. When pendente lite orders are introduced into these proceedings, the stakes are heightened due to the substantial assets and income at play. Addressing these challenges requires a nuanced understanding of New York divorce laws and a strategic approach to ensure a fair and equitable process.

The Unique Challenges of Pendente Lite in High Net-Worth Divorces

High net worth divorces often involve intricate financial portfolios, including multiple properties, investments, business interests, and possibly international assets. The primary challenge in such cases is to ensure a thorough and accurate valuation of these assets for temporary support calculations. The pendente lite phase must also maintain the financial status quo without disrupting the normal operation of any business interests involved. There is a heightened risk of one party concealing assets or misrepresenting their value, making it critical for the courts and the parties’ attorneys to exercise due diligence.

Another challenge is determining the lifestyle to which the less-monied spouse is accustomed, which can influence the amount of temporary maintenance awarded. Establishing this standard requires extensive documentation and sometimes expert testimony.

Asset Protection and Business Interests Under Pendente Lite Orders

In high-asset divorce cases, protecting assets and business interests during pendente lite is crucial. New York courts may issue orders that specifically address how business assets are to be managed and protected during the divorce process. These orders can prevent the sale or transfer of business assets and ensure that businesses continue to operate without adverse interference from either spouse.

Additionally, pendente lite orders can protect personal assets from being dissipated or hidden. Measures such as restraining orders can be put in place to maintain the status quo of the marital estate, ensuring that all assets are accounted for and fairly considered when it comes time to divide them in the final divorce settlement.

Strategies for Fair Asset and Income Assessment in Pendente Lite Hearings

Given the complexities of high-asset divorces, several strategies can be employed for a fair assessment during pendente lite hearings:

• Accurate Valuation: Utilize forensic accountants to ensure an accurate valuation of all marital assets, including businesses, real estate, and investments.
• Full Disclosure: Ensure full financial disclosure from both parties. This may involve court orders for the production of financial documents and expert analysis of the parties’ financial status.
• Temporary Orders: Seek temporary orders that reflect the true scope of the marital standard of living and that protect the financial interests of both parties until the final divorce settlement.
• Expert Testimony: In some cases, expert testimony may be required to explain complex financial situations, such as the valuation of a business or the liquidity of certain assets.
• Addressing these unique challenges and employing strategic approaches allows parties involved in high-asset divorces in New York to manage the pendente lite phase effectively, setting the stage for equitable resolutions in their final divorce outcomes.

By addressing these unique challenges and employing strategic approaches, parties involved in high-asset divorces in New York can navigate the pendente lite phase effectively, setting a stage for equitable resolutions in their final divorce outcomes.

Tax Implications of Pendente Lite Spousal Support

The tax implications of spousal support have changed significantly following the Tax Cuts and Jobs Act of 2017. For divorces finalized after December 31, 2018, alimony payments are no longer deductible by the payer, nor are they considered taxable income to the recipient for federal income tax purposes. This change applies to both pendente lite support and permanent alimony arrangements.

In New York, these tax changes may be considered when determining the amount of support, as the financial consequences for both parties are different from when the alimony was tax-deductible to the payer and taxable to the recipient. Parties must consider the lack of tax deductibility in their financial planning during and after divorce.

Modifications of Spousal Support After Pendente Lite Orders

After pendente lite orders are issued, there may be circumstances that warrant a modification of spousal support. In New York, either party can file a motion to modify the temporary maintenance order if there is a substantial change in circumstances. For example, a significant change in income, employment status, or the health of either party may qualify as a substantial change that could lead to a modification.

It’s important to note that the standard for modifying a pendente lite order is different from the standard applied to the modification of a final order of spousal support. Post-divorce maintenance orders can be modified upon showing either a substantial change in circumstances, the recipient’s inability to become self-supporting, or a significant adjustment in the post-divorce maintenance recipient’s living situation.

New York law aims to provide fair and equitable financial support during and after divorce. The pendente lite phase serves as an important stepping stone toward achieving a final resolution that reflects the unique circumstances of the divorcing couple. As such, understanding the interplay between pendente lite support and permanent spousal support is key to managing a New York divorce.

How Long Does a Pendente Lite Order Remain in Effect?

A pendente lite order in New York remains in effect until the final judgment in the divorce case is issued or the court modifies it. These temporary orders cover issues like custody, support, or exclusive residence during the litigation and typically end once a final order replaces them.

Tailored Strategies and Skilled Advocacy: Seasoned Assistance from The Law Office of Richard Roman Shum

When it comes to divorce, the term pendente lite stands as a critical milestone, marking the terrain of temporary orders that govern the period until a final decree is issued. Understanding the significance of pendente lite is essential. It sets the stage for key aspects like spousal support, child custody, and asset management during the divorce process. These early decisions are more than just temporary measures; they often chart the course for the financial and emotional journey ahead.

If you’re facing a divorce in New York City, understanding and effectively managing pendente lite matters can be pivotal to your future. With a skilled New York City divorce lawyer such as Richard Roman Shum advocating for you, you’ll gain invaluable insights and a strong voice in crafting a petition that reflects your needs and interests. At the Law Office of Richard Roman Shum, Esq, our attorneys appreciate the full gravity of how pendente lite orders can affect the lives of individuals during a divorce.

Contact the Law Office of Richard Roman Shum, Esq today, and let us fortify your case with the power of knowledge and experience. Contact us at (646) 259-3416 to schedule a consultation.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-is-pendente-lite/