Primary Caretaker as a Factor in Child Custody Disputes.
Often, when contemplating a child custody dispute, a parent may expect to be awarded custody of a child simply because that parent has spent more time raising or caring for the child. Depending on the circumstances, however, a court may or may not award custody to such a parent.
The New York Domestic Relations Law – which governs issues such as child custody, divorce, and other family law matters – contains the following language.
In all cases there shall be no prima facie right to the custody of the child in either parent, but the court shall determine solely what is for the best interest of the child, and what will best promote its welfare and happiness, and make award accordingly.
With this language, the New York Legislature has directed courts to award custody based on what the court believes to be in the best interests of the child. Courts consider all aspects of a child’s living arrangements and relations with parents when making custody decisions. The fact that one parent has acted as the primary caretaker of the child will certainly be taken into account. But a court will not award custody to either parent for this reason alone. This may seem unfair to some parents. But again, the court’s sole concern in custody determinations is the best interest of the child. Courts are not concerned with redressing grievances between parents, or compensating a parent for his or her investment in a child’s well-being.
If you are currently facing a child custody dispute, or are concerned that you may be facing one in the future, The Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Turnpike, Suite #208, Mineola, NY 11501. Call (516) 858-2620 to speak with a Family Law Attorney today!
*Contributions to the research and preparation of this blog were made by Jason Mays, J.D. (awaiting admission in NYS)
Renewal Lease
Section 2523.5(a) of the NY Rent Stabilization code provides the following in pertinent part:
On a form prescribed or a facsimile of such form approved by the DHCR, dated by the owner, every owner, other than an owner of hotel accommodations, shall notify the tenant named in the expiring lease not more than 150 days and not less than 90 days prior to the end of the tenant’s lease term, by mail or personal delivery, of the expiration of the lease term, and offer to renew the lease or rental agreement at the legal regulated rent permitted for such renewal lease and otherwise on the same terms and conditions as the expiring lease. The owner shall give such tenant a period of 60 days from the date of service of such notice to accept the offer and renew such lease….
Landlord Tenant Attorney in Mineola
As always, The Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you with your Landlord-tenant matters. We are conveniently located in the heart of Nassau County, Long Island. Contact us at (516) 858-2620 to arrange a consultation.
This is information that we provide to our bankruptcy clients, but others may find it useful as well.
First, beware of credit repair companies that claim they can magically erase derogatory entries from your report. No one can erase derogatory information from your credit report if the information is accurate and properly reported. However, if there is old or inaccurate information on your credit report, you can correct it yourself for free. Here is how:
A few months after your bankruptcy case is discharged, you should obtain a copy of your credit report. You can obtain a free credit report every twelve months by going to www.annualcreditreport.com or call 1-877-322-8228.
You should examine your credit report tradelines and dispute any improper or inaccurate entries. You should note any of your discharged debts that are being reported as something other than “discharged” (ask your bankruptcy attorney how specific pre-filing and discharged debts should be reflected on your credit report).
Your dispute can be filed online or in writing. Your credit report will contain detailed instructions on how to dispute inaccurate/improper information. The credit bureau will conduct an investigation and should remove the incorrect information. This, in turn, should have a positive impact on your credit score!
As always, The Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island. Contact us at (516) 858-2620 to arrange a Free bankruptcy consultation.
Keep in Touch