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.
Holiday Parenting Time: Fix the Clause Before December
New York has no default holiday schedule. Whatever your custody order or settlement agreement says is the whole rule, and if it is silent about Thanksgiving or Christmas, neither parent has a special right to the day; the regular schedule simply continues. A clause that only says “alternate holidays” may be too vague to enforce, because the Fourth Department requires an order that clearly states what each parent must do. A holiday clause that holds up names the parent, the years, exact start and end times, and where the exchange happens. Fixing it in the fall is often a written agreement between the two of you, with no hearing. A petition filed in late November can be heard after the holiday it was about.
Read the holiday parenting time guide →When Every Custody Exchange Turns Into a Fight
Some parents cannot hand over a backpack without it turning into an argument. New York courts see this often, and they can add structure when co-parenting keeps breaking down: sole legal custody, so one parent makes the major decisions; tie-breaking authority inside shared custody; parallel parenting plans, where each home runs on its own; and communication limited to a co-parenting app that keeps a time-stamped record. Day to day, the habits that help are simpler. Keep exchanges at a set time and place, keep the children out of adult messages, and write down what happened after a bad handoff the same day. A dated, factual record carries far more weight than memory.
Read the high-conflict custody guide →Does Divorce Cancel Your Will in New York?
Mostly, though not everywhere it matters. Under EPTL 5-1.4, a final divorce in New York revokes most of what your will, revocable trust, transfer-on-death accounts and life insurance left to your former spouse, and separate statutes cancel a health care proxy or power of attorney that names them. The gap is employer retirement plans and workplace life insurance. Those are usually governed by federal law, and the plan pays whoever is named on its form, even an ex-spouse. If your divorce is final, pull those beneficiary forms and update them yourself. It takes minutes while everyone is alive, and skipping it can cost a family a great deal later.
Read the will and beneficiary guide →Your Divorce Order Can Still Change
A judgment of divorce is not the last word on custody, child support, or maintenance. New York lets you go back to court when something real has changed: a job loss, a move, a child getting older, a schedule that no longer fits anyone’s life. Child support has three specific triggers under the law: three years since the last order, a fifteen percent change in either parent’s income, or a broader substantial change in circumstances. Custody and maintenance can be revisited on that same standard. If the order you are living under does not match your life anymore, it is worth finding out what can be updated, and what cannot.
Read the post-divorce modifications guide →What Domestic Violence Does to a Custody Decision in New York
The second half of Domestic Violence Awareness Month takes us from the order of protection to the custody file. New York does not leave this to a judge’s discretion. Domestic Relations Law §240(1)(a) requires the court to consider the effect of domestic violence on the child and on the parent who was the victim, and it says so “without regard to whether such violence was witnessed by the child.” Family Court Act §651 puts the same duty on Family Court. It is not automatic, and the court still has to make specific findings. During the week of October 12 we are covering what counts as domestic violence, the four ways a court can handle parenting time, what an Attorney for the Child actually does, and how to document abuse when nobody ever called the police. If you are in immediate danger, call 911. The New York State Domestic Violence Hotline is 1-800-942-6906, 24 hours a day.
Domestic violence and custody in New York →