Navigating Custody in New York

Episode Summary

In this episode of Divorce Law with Attorney David Badanes, host Kevin Rosenquist and experienced attorney David Badanes discuss navigating custody in New York. David explains the critical differences between residential custody and decision-making custody, including terms like joint custody and full custody. He also addresses how judges determine custody, factors influencing decisions, myths surrounding custody (like "moms always get custody"), and the role of parental alienation or false allegations. This episode is a must-listen for parents seeking clarity on custody arrangements and how to ensure agreements serve the best interests of their children over time.

 

Timestamps

[00:32-02:00] Overview of custody arrangements: Residential custody vs. decision-making custody.

[02:00-05:08] Differences between full custody, joint custody, and shared custody; final decision-making power explained.

[05:08-05:47] Personal anecdote: David shares a story about choosing medical care.

[06:07-07:38] Situations where full custody might be awarded and risks involved when going to trial.

[07:43-09:10] How judges evaluate the "best interests of the child" and factors they consider.

[09:17-10:28] Modifying custody agreements or court orders: When and how changes occur.

[10:33-12:46] The role of a child’s preferences as they grow older; attorneys for children in custody cases.

[12:46-13:30] Debunking the myth: "Moms always get custody."

[13:30-15:16] Parental alienation and false allegations: Their impact on custody decisions.

[15:30-17:23] Ensuring custody agreements remain in the child’s best interest; balancing specificity and flexibility.

 

About The Show

Divorce Law with Attorney David Badanes is a podcast dedicated to providing expert legal advice and insights on various aspects of family law. Hosted by Kevin Rosenquist, the show features David Beds, an experienced attorney specializing in divorce, child custody, child support, mediation, and more. Through detailed discussions and real-life examples, the podcast helps listeners understand complex legal issues, offering practical guidance for navigating divorce and custody arrangements. The show covers a range of topics, including the different types of custody, how judges determine the best interests of a child, and how custody agreements can evolve over time. Each episode aims to educate and empower parents, ensuring they are informed about their rights and options in family law matters.