Firm Updates
Short, Practical Notes on New York Divorce & Family Law
The same practical guidance our attorneys share with Western New York families every day — written in plain English. Each note is a quick read; follow the link for the full breakdown of the law, the statutes, and what to do next. For our longer articles, visit the blog.
Held On Through the Summer? September Is When People Call
There is a pattern to our September calendar, and it isn’t a coincidence. People carry a decision through the graduation parties, the vacation and the last cookout — nobody wants to be the one who ruined the summer — and then the kids go back to school and the house goes quiet. So we want to say this plainly: asking a question is not filing anything. A first consultation is free, nothing is served, and nobody is told. What you should walk out with is a map — what is genuinely contested, what New York law says about your house and your parenting schedule, and which path actually fits your situation. Deciding to do nothing for now is a perfectly good outcome.
Start with four questions →Who Keeps the Engagement Ring in New York?
It is one of the questions we are asked most, and New York has a clear answer: an engagement ring is a conditional gift, given in contemplation of marriage. If the wedding does not happen, the ring generally goes back to the person who gave it — and unlike some states, New York does not ask whose fault the breakup was. Once you marry, the condition is satisfied and the ring becomes the recipient’s separate property, which means it is not divided in a later divorce. Gifts given on a birthday or a holiday follow different rules entirely. Our new guide walks through those distinctions and the situations where they get complicated.
Read the engagement ring guide →Thinking About Moving With Your Kids? Read This First
A new job, a partner in another city, family two hours away — and one question underneath it all: can I move with the kids? In New York there’s no automatic yes and no automatic veto. Since Tropea v. Tropea (1996), courts weigh one thing: your child’s best interests — the reason for the move, what the kids would gain, and whether the other parent stays truly present. The rule that holds in every case: never move first and ask later. Most custody orders require 60–90 days’ written notice, then consent or court approval. This week on our channels we’re walking through the whole framework, school districts included.
Read the relocation guide →Changing a Child’s Name in New York: Notice, Not Veto
It usually comes up quietly, after the bigger storms have passed — a parent back to a maiden name, or a child carrying the surname of someone they never see. New York’s answer lives in Article 6 of the Civil Rights Law: a parent can petition to change a child’s name, the other parent gets notice and a chance to be heard, but they don’t get a veto. The judge decides on one standard — whether the change substantially promotes the child’s interests — and neither parent has a superior right to the name. A name change doesn’t touch custody, parenting time, or support. Our new plain-English guide walks through the whole process.
Read the name-change guide →Who Decides Where Your Child Goes to School?
Enrollment forms, pickup lists, IEP meetings — school paperwork has a way of asking questions separated parents haven’t answered yet. The one that matters most: who has legal custody? In New York, legal custody is the authority to make major decisions about your child’s education, health care, religion, and activities — and it’s separate from where your child lives. Most Western New York families share those decisions through joint legal custody, which works well right up until you disagree about a school district. This week on our channels we’re walking through who decides what, what happens in a deadlock, and how to fix an arrangement that stopped working.
Read the custody guide →