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New York City Divorce Law Blog

High-profile couple asks for privacy in divorce

The troubled marriage and break-up of former congressman Anthony Weiner and Hillary Clinton aide Huma Abedin have been fodder for the press here in New York and worldwide for some time. However, the couple is now seeking to keep the details of their divorce private.

The divorce filing is listed as "Anonymous v. Anonymous" to help protect their privacy and that of their 5-year-old son. However, that didn't keep the press from showing up in at Manhattan Supreme Court recently where the estranged couple sat together. The judge acknowledged the media attention, saying that "despite your attempt to keep this anonymous, it does not appear to be anonymous."

Should you seek 'right of first refusal?'

"Right of first refusal" may sound like a clause that you'd put in a business contract. However, some parents include this provision in their child custody agreement. It requires that one parent contact the other if he or she isn't able to take care of a child before calling another family member, friend or babysitter to do so.

A right of first refusal provision can be particularly beneficial in high-conflict divorces where parents without primary physical custody are concerned that they won't be the go-to caregiver for the kids if their co-parent isn't able to take care of them. It helps both parents remain involved in their children's lives.

Know what points to include in a parenting plan

Thinking about your children when you are going through a divorce is something that comes automatically to many parents. This is a good idea since your children are along for the ride and didn't ask to have to go through the divorce.

We know that you might be concerned about the child custody case. This is understandable. We can help you to look into the things that you need to consider as you try to come up with a parenting plan.

Helping your adult children handle your divorce

There's all sorts of advice out there about how couples should break the news to their children that they are divorcing and how they should remain united as co-parents even when they're no longer together. However, couples often fail to realize that their divorce can be just as difficult to process (if not more so) if their children are already grown and on their own. Further, much of the co-parenting advice given to divorced parents with young kids also applies when the "kids" are adults themselves.

It's often a good idea if you have more than one adult child for both of you to break the news to them together. That way, they're getting the same information and have a chance to ask questions or express their thoughts while you're gathered as a family.

How to determine if bird nesting is the right choice for you

The term "bird nest" may take on a whole new definition if you're one of many recently divorced dads in New York. A year or so ago, if your children would have asked you to help them build a bird nest, you may have logically assumed they were talking about a school project or a new ornithology hobby. If the other parent poses the same question to you in an attempt to achieve an amicable child custody agreement in divorce, it means something altogether different.

When a divorced couple chooses bird nesting as their custody arrangement plan, the children remain living in the same home they shared with their parents when they were married. The parents take turns living with their kids. This, of course, means that when it's not your turn, you need to have somewhere else to live.

4 ways to invalidate a prenup

Prenups are more popular than ever, with some reports saying they're being used 10 times as often today as they were two decades ago. The typical taboo has, to some degree, been lifted.

As such, it's important to know if your prenup is actually valid and if it's going to stand up in court. Below are four reasons it could be invalid.

What is a good faith burden of proof?

You and your spouse got divorced last year. You now live a mile apart in the same city. As such, it's easy for you both to see your child, even though you technically have custody.

Now, though, you're interested in moving, and you've found out that there is a "good faith burden of proof." What is this, and how is it going to impact the case?

Tips for sending your kids back to school after parents split

The beginning of a new school year is often hectic and challenging for kids and parents alike. However, for families where the parents have separated or divorced over the summer, the back-to-school transition can be even more daunting, even if the kids don't have to go to a new school.

Parents can make the upcoming school year less difficult for their kids by putting some extra time and effort (preferably working together) into getting their kids back into the groove of the school year amidst a family structure that has changed.

Handling divergent parenting styles

Sometimes couples don't realize how different their parenting styles are until they break up and spend considerable periods of time parenting their children alone. Maybe they never even considered their individual parenting styles because they always parented their kids as a team.

However, when couples are already dealing with their own anger, resentment and frustration with one another in the midst of divorce, a difference in parenting styles can lead to more conflict. This conflict can hurt the kids more than anyone.

4 Tips for divorced dads in New York

Being a dad in New York in 2017 is definitely quite different from living under the same status a handful of decades ago. In fact, life in general, and particularly family life in the United States looks vastly different on the surface than what would have been considered typical back then. If you're among those in New York who are fathers and also happen to be divorced, you likely understand how challenging single parenting can be.

Your current post-divorce circumstances may include juggling multiple schedules and trying to achieve amicable agreements regarding custody and visitation or child support. There are several things you can do as a father to increase your chances of achieving positive results while also strengthening your relationship with your kids.

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