Navigating the Complexities of Child Custody in New York City Courts

The determination of child custody is a pivotal and often highly sensitive aspect of divorce proceedings in New York State. It's a process where both parents are entitled to contribute to their child's post-divorce upbringing. Should they fail to reach a custody agreement, the Family Court or Supreme Court assumes the responsibility to decide in accordance with the child’s best interests as its guiding standard.

Deep Dive into New York State's Child Custody Types

1. Legal Custody

Legal custody grants a parent the right to make crucial decisions regarding the child's upbringing. These decisions span various domains but are limited to MAJOR decisions, not just ordinary day-to-day decisions regarding the child’s upbringing:

- Educational Choices: Selecting schooling type, relocation for education, elective subjects, and extracurricular activities.

- Healthcare Decisions: Primary care physician selection, medication management, dietary choices based on medical advice, vaccinations, and emergency healthcare.

- Religious Choices: Deciding on religious education, participation in religious events, and adherence to religious customs.

The court may award sole legal custody to one parent or joint legal custody, requiring cooperative decision-making. When parents cannot reach a joint decision after meaningful consultation, either parent can be selected as the final decision maker or the parents can elect to use a third-party as a tie-breaker (although that tie-breaker is legally non-binding on the decision)

2. Physical Custody

Physical custody, also referred to as residential custody, pertains to the child’s living situation. The court may grant sole physical custody to one parent or joint physical custody to both, taking into account various practical considerations like the parents' work commitments and other relevant factors.


Understanding the 'Best Interests of the Child' in New York

New York State law does not provide a strict definition of the "best interests of the child." This principle is rooted in prioritizing the child’s health, safety, and emotional well-being. When determining custody, the court centers its decision on what benefits the child most, rather than the parents' individual preferences. The Judge has the discretion to determine what is in the child’s best interests and it will not always align with either parents desires which is why engaging in competent and experienced attorneys from Mindin & Mindin, PC can help you tremendously in the process.

Factors Influencing Custody Decisions

The court considers numerous factors, including:

- **Primary Caregiver Role**: The parent who was more involved in day-to-day care during the marriage often has an advantage in custody decisions.

- **Parenting Ability**: The court assesses each parent’s ability to meet the child's needs, particularly for children requiring special care.

- **Childcare Arrangements**: For working parents, the ability to provide stable childcare plays a critical role.

- **Substance Abuse**: A history of substance abuse can negatively impact custody decisions, unless there's evidence of rehabilitation.

- **Mental and Physical Health**: The parents' mental and physical health conditions are scrutinized to ensure they can adequately care for the child.

- **Educational Opportunities**: The ability to provide superior educational options can influence custody decisions.

- **History of Abuse or Neglect**: Any past incidents of abuse or neglect are significant factors in determining custody.

- **Domestic Violence**: Evidence of domestic violence can lead to serious concerns about a parent's ability to provide a safe environment.

- **Home Environment Safety**: The safety and stability of the home environment are critical considerations.

- **Parental Alienation**: Accusations of alienating the child against the other parent are taken seriously.

- **Financial Stability**: While not a decisive factor, a parent's financial situation can impact their ability to provide for the child.

- **Child’s Preferences**: Depending on their age and maturity, the child’s wishes may be considered. There is no specific age in New York, however the court will consider the child’s competency, intelligence and reasonableness of their wishes.

The Vital Role of an Experienced Top Tier Child Custody Attorney

The expertise of a skilled child custody attorney is indispensable in these cases. The Law Offices of Mindin & Mindin, PC offer extensive legal expertise to protect your rights, guide you through complex maze of the New York legal processes, negotiate custody arrangements, represent you in court proceedings, and handle other divorce-related and or custody-related issues. Their comprehensive legal support is crucial in navigating the intricacies of child custody and securing favorable outcomes.

Contact the Law Offices of Mindin & Mindin, PC for a confidential consultation and experience their commitment to achieving the best possible outcome in your child custody case.


Pro Soccer Star Achraf Hakimi relies on his mother to save his fortune from ex-wife Hiba Abouk - What happens if someone did the same thing in New York?

Pro Soccer Star Achraf Hakimi relies on his mother to save his fortune from ex-wife Hiba Abouk who has filed for divorce from the Paris Saint Germain star player. Achraf Hakimi has reportedly managed to find a loophole to save his assets in the divorce from his wife, Hiba Abouk. The PSG star reportedly has no significant assets in his name, and most of his fortunes are saved under his mother's name. Reports in France claim that 80% of the PSG star's salary goes to his mother. He keeps the rest 20%, and that has helped the footballer save a lot in the divorce settlement. Could something like this happen in New York State in a divorce? Let’s think it over…

Marriage is a significant event in a person's life, and it comes with legal and financial implications. In New York State, the law mandates that marital assets be divided equitably during a divorce, which means each spouse is entitled to a fair share of the property accumulated during the marriage. However, some spouses may consider transferring their assets to their parents during the marriage to avoid equitable distribution of marital assets.

Asset transfer during a marriage is a complex issue, and it is important to understand the legal implications before taking any actions and consulting with an expert matrimonial attorney here at Mindin & Mindin, P.C.

In New York State, a spouse may transfer their assets to their parents or any third party during the marriage, but such transfers can be challenged in court during a divorce. In New York, the court will presume that any asset transfer made during the marriage is a fraudulent transfer if the transfer was made with the intention of depriving the other spouse of their rightful share of the property. This is because the law recognizes that each spouse is entitled to a fair share of the marital assets, and any attempt to conceal or transfer assets is a violation of the law.

If a spouse transfers their assets to their parents, the court will investigate the transfer and consider several factors, including the timing and purpose of the transfer, the relationship between the spouses, the value of the assets transferred, and whether the transfer was made in good faith. The court may also consider whether the spouse had any outstanding debts or obligations at the time of the transfer. If the court finds that the transfer was made with the intent to defraud the other spouse, it may order the assets to be returned to the marital estate and divided equitably. The court may also impose penalties, including monetary fines and sanctions, on the spouse who made the transfer. It is important to note that transferring assets to a parent does not guarantee that the spouse will avoid equitable distribution of marital assets. The court will examine the circumstances surrounding the transfer and make a determination based on the specific facts, circumstances and evidence presented. Additionally, transferring assets to a parent may have unintended consequences, such as tax implications or potential disputes with the parent over the ownership of the assets.

While transferring assets to a parent during a marriage may seem like a way to avoid equitable distribution of marital assets, it is not a foolproof solution. New York State law recognizes that each spouse is entitled to a fair share of the marital assets, and any attempt to transfer or conceal assets will be scrutinized by the court. It is essential to consult with an experienced matrimonial attorney at Mindin & Mindin, P.C. if your circumstances match this situation in order to ensure that your rights are protected and that you understand the legal rights you may have.

Give us a call for a free phone consultation or use the form below to email us to let us know more about your situation.

Are Personal Injury Awards Considered Marital Property in New York Divorce?

In New York State, marital property is subject to equitable distribution upon divorce. What about personal injury awards? Are they considered marital property? The answer is, it depends!

First, it’s important to understand what is meant by “marital property.” Generally speaking, marital property includes any assets that were acquired during the course of the marriage, regardless of who actually owns them. This can include things like real estate, bank accounts, retirement funds, and even personal property like cars and furniture. However, not all assets acquired during the course of the marriage are considered marital property.

Separate property, which is typically property that was acquired before the marriage or through inheritance or gift during the marriage, is not subject to equitable distribution. This means that each spouse is entitled to keep their separate property upon divorce. So where do personal injury awards fit into all of this? In some cases, personal injury awards may be considered marital property. For example, if the injury occurred during the marriage and the award was granted during the marriage, it may be considered marital property if the award is seen as compensation for the loss suffered by both spouses due to the injury, such as loss of income or medical bills. However, there are also cases where personal injury awards are considered separate property. This is more likely to be the case if the injury occurred before the marriage or if the award was granted after the marriage but for an injury that occurred before the marriage. In these situations, the award is seen as compensation for the individual’s own personal loss, rather than a loss suffered by both spouses.

Even if a personal injury award is considered marital property, it may not necessarily be subject to a 50/50 split between the spouses. Instead, it will be subject to equitable distribution, which means that the court will consider a variety of factors to determine what is a fair and reasonable distribution of the property. This could include things like the length of the marriage, each spouse’s income and earning potential, and any other relevant factors.

So what does all of this mean for someone going through a divorce in New York? If you have received a personal injury award, it’s important to speak with a knowledgeable divorce attorney here at Mindin & Mindin, P.C. to determine whether it is likely to be considered marital property. If it is, you will want to be prepared to provide documentation and other evidence to support your position on how it should be distributed. If you are on the other side and your spouse has received a personal injury award, it’s also important to speak with an attorney to understand your rights and options. Depending on the circumstances, you may be entitled to a portion of the award, but you’ll need to be prepared to make a case for why you are entitled to it!

In conclusion, personal injury awards can be a complicated issue in New York divorce cases. While there are some general rules that apply, every case is unique and requires a careful analysis of the specific facts and circumstances involved. If you’re going through a divorce and have questions about personal injury awards or other property division issues, it’s important to work with a knowledgeable attorney who can guide you through the process and protect your rights.

Use the Contact Form below to contact us to learn more about how we can help you with your divorce!


Same Sex Divorce in New York State

New York State became the sixth state in the United States to legalize same-sex marriage in 2011. Since the legalization, many same-sex couples have been able to legally marry and enjoy the same legal rights and protections as opposite-sex couples. It is no surprise that just like opposite-sex marriages, same-sex marriages can also end in divorce.

Same-sex couples who were legally married in New York State are entitled to the same divorce rights and procedures as opposite-sex couples. This means that same-sex couples who want to divorce must meet the same legal requirements, such as residency requirements, as opposite-sex couples.

One of the main challenges of same-sex divorce is the issue of property division. In New York State, property acquired during the marriage is generally considered marital property and is subject to equitable distribution in the event of a divorce. However, determining what constitutes marital property can be more complicated in same-sex marriages.

Child custody and support can also be complex issues in same-sex divorce cases. Same-sex couples may have used various means to become parents, such as surrogacy, adoption, or artificial insemination. This can lead to legal challenges when determining custody and support arrangements, especially if only one partner is the legal parent of the child.

Another potential challenge in same-sex divorce cases is discrimination. Unfortunately, some judges and court officials may still hold biases against same-sex couples, which can impact the outcome of the case. It's important for same-sex couples to work with an experienced family law attorney from Law Offices of Mindin & Mindin, P.C., who is knowledgeable about the legal rights and protections of same-sex couples and can advocate for their interests.

Same-sex divorce in New York State can present unique legal considerations and challenges. It is important for same-sex couples who are considering divorce to work with a knowledgeable and experienced family law attorney who can guide them through the process and protect their legal rights and interests. By working with a skilled attorney, same-sex couples can ensure that their divorce is fair, equitable, and respectful of their rights and dignity. Call us today at 888-501-3292 for a free consultation.

Can we waive future spousal support in a New York State prenuptial agreement?

Prenuptial agreements are legally binding contracts between two individuals who are planning to get married. Prenups typically address property division, financial support, and other important financial issues that may arise in the event of a divorce. In New York State, how to handle spousal support in the event of a divorce or separation can also be addressed in a prenuptial agreement.

Spousal support, also traditionally known as alimony or maintenance, is financial support paid by one spouse to the other during or after a divorce. The purpose of spousal support is to ensure that the recipient spouse is able to maintain a similar standard of living to what they had during the marriage. Spousal support can be temporary or permanent, and the amount and duration of the support can vary based on a number of factors, including the length of the marriage, the income of both parties, and the standard of living during the marriage.

If you are planning to include spousal support in your prenuptial agreement in New York State, there are several important things to consider. First, it's important to understand that prenups cannot waive or limit the right to receive spousal support entirely. This means that even if your prenup includes a provision that says one party will not receive spousal support, there always remains a possibility of a challenge to the agreement and a court may still award support if it determines that the provision is unfair or unconscionable. That is where the guidance and skill of an experienced attorney from Law Offices of Mindin & Mindin, P.C. comes in. We will ensure that your spousal support waiver and agreement are both fair and reasonable and stand the most likely chance to be upheld in a court of law.

You can use a prenup to set the amount and duration of spousal support, and to establish the circumstances under which support will be paid. For example, you could include a provision that says spousal support will be paid for a certain number of years based on the length of the marriage, or that support will only be paid if certain conditions are met, such as the recipient spouse being unable to support themselves or the paying spouse being able to afford to pay.

It's also extremely important to make sure you have a clear record that both parties have had the opportunity to review and negotiate the terms of the prenup, and that each party has had independent legal advice or the opportunity to obtain independent legal advice in the event your partner decides to represent themselves. In New York State, a prenup can be deemed unenforceable if one party was pressured or coerced into signing it, or if one party did not fully understand the terms of the agreement. We will work with you to make sure that the circumstances around entering into the prenuptial agreement are clear and that each party entered into the agreement knowingly, freely and intelligently.

If you are planning to include spousal support in your prenup, it's important to consult with an experienced family law attorney who can guide you through the process and ensure that your prenup is legally enforceable. An attorney from Law Offices of Mindin & Mindin, P.C. can also help you understand the different factors that may affect spousal support in your specific case, such as the length of your marriage and the income of both parties.

If you are planning to include spousal support in your prenuptial agreement in New York State, it's important to understand the limitations of what can and cannot be included in the agreement. An experienced family law attorney can help you navigate the complexities of creating a prenup that addresses spousal support and protects your interests in the event of a divorce. Call or email us today to set up a free no obligation consultation and case evaluation.

What kind of documents need to be provided in New York State for a child support case?

When going through a child support case in a New York State court (whether in Family or Supreme Court), there are various documents that must be provided to ensure that the case is properly evaluated and the current dollar amounts are applied to calculate the correct presumptive amount of child support. Whether you are the custodial parent seeking support or the non-custodial parent fighting to reduce your payments, the following documents must be presented:

  1. Income Information: These would be the most critical documents that must be provided in a child support case. Both parents must disclose their income, including their employment income, rental income, business income, and any other sources of income. The purpose of providing income information is to calculate the amount of child support to be paid. Income information should be supported with tax returns, pay stubs, and W-2s.

  2. Financial Affidavit/Statement: A sworn financial statement is required to support the income information provided. The statement should list all your assets, liabilities, and expenses. It should also show your monthly income and the source of the income.

  3. Child Custody Agreement: If there is a custody agreement in place, it should be provided to the court. The agreement should outline the custody arrangement, the responsibilities of each parent, and any existing child support arrangement. The court will use the custody agreement as a guide in making decisions about child support.

  4. Medical Insurance Information: Both parents must provide information on the medical insurance they have for the children. The information should show the cost of the insurance and who pays for it.

  5. Proof of Child Expenses: The expenses of the child, including education, medical care, and extracurricular activities, must be shown to the court. Proof of expenses can include receipts, bills, and bank statements.

  6. Bank Statements: Bank statements must be provided in some instances to show proof of income and expenses. The bank statements will help to determine the actual amount of money spent on the child's needs. This is more common in divorces but occasionally are required through Family Court support proceedings as well.

  7. Employment Information: Employment information must be provided to show proof of income. The employment information should include the name of the employer, the address, and the duration of employment. If you are self-employed, you must provide your business income statements.

  8. Income Tax Returns: Income tax returns are crucial in determining income. Both parents must provide the most recent income tax returns. The returns must be provided for the last three years.

  9. Birth Certificates or Acknowledgment of Paternity: Birth certificates of the child must be provided to confirm the relationship between the parents and the child.

  10. Social Security Numbers: Both parents and the child's social security numbers must be provided. This is necessary to facilitate the child support enforcement process.

Going through a child support case can be daunting, but providing the required documents can help to make the process easier. With the right documents, we can assist you with your child support matter to get the correct amount awards.

Use the form below to contact us IF YOU NEED ASSISTANCE WITH A NEW YORK STATE CHILD SUPPORT MATTER



What is a prenuptial agreement good for in New York?

Prenuptial agreements are contracts signed by a couple at some point prior to their marriage. These agreements outline certain financial rights and responsibilities of each spouse in the event of a separation or divorce.

One of the primary reasons a prenuptial agreement is useful is that it provides financial protection for both partners. This is important in a state like New York where the law provides for equitable distribution of marital assets in the event of a divorce. A prenuptial agreement allows a couple to predetermine the method for most of the distribution of assets and debts, rather than relying on a court to make the decision or addressing it from the beginning through their attorneys at the time of a divorce. This can prevent disputes and reduce the cost and stress of matrimonial proceedings.

Another benefit of a prenuptial agreement is that it allows couples to define their expectations regarding their future financial situation. This can include provisions regarding spousal support, property ownershipm etc.... With a prenuptial agreement in place, there is less uncertainty about what will happen if the couple decides to dissolve their marriage. This can help reduce some of the stress and anxiety associated with the divorce process.

A prenuptial agreement can also be helpful for couples who have significant differences in their financial situation. For example, one spouse may have substantial assets or debts that they wish to protect in the event of a divorce or anticipate a large inheritance that might vest during the parties marriage. A prenuptial agreement can be tailored to address these differences and ensure that both partners are comfortable with the financial arrangement. A prenuptial agreement can also be used to protect the financial interests of children from previous relationships or to ensure that one spouse does not have to bear the burden of the other spouse's debts.

It is important to note that prenuptial agreements must be entered into voluntarily and in good faith. This means that both partners must have a full understanding of the terms of the agreement and the financial implications of the agreement. In New York, a prenuptial agreement must also be in writing, signed by both partners, and notarized/acknowledged. In order for a prenuptial agreement to be enforceable, it must be fair and reasonable at the time it is entered into and must not contain terms that are against public policy or blatantly unjust.

A prenuptial agreement can be a valuable tool for couples preparing for marriage and you can contact us at Mindin & Mindin for a free phone consultation to discuss your needs and financial circumstances. We can assist you in drafting or reviewing an existing agreement that provides financial protection, reduces uncertainty, and clarifies expectations regarding the couple's financial situation.

Feel free to contact us at 888-501-3292 or click here to email us or HERE to go to our Contact Us page.

Custody Case with a Narcissistic Parent: Understanding and Addressing Narcissistic Traits in New York State Courts

Going through a custody case in New York City and dealing with a narcissistic parent can be a difficult and emotional experience. Narcissists are well known for their self-centered behavior and lack of empathy, which can make it extremely challenging to effectively co-parent and to maintain a primary focus on the best interests of the child.

It is important to expand on the general broad term of labeling someone a “narcissist” in Court. Most likely your Judge is not qualified to diagnose the other party and neither is an attorney. Focus on arguing the specific narcissistic traits of the other parent, as this can help you to prepare for and navigate the custody case to assist the Court in making a proper determination. This will help you in increasing your chances at obtaining the outcome you are looking for.

Here are a few key traits to focus on:

  1. A sense of entitlement: Narcissists may believe they are entitled to special treatment and expect others to cater to their needs. This can manifest in a variety of ways, such as expecting preferential treatment in court or demanding that the child spend more time with them. They may also expect to make all the decisions regarding the child and not take into account the other parent's opinion.

  2. Manipulation: Narcissists will often use manipulation tactics to get what they want and often times end up using their children as pawns. This can include playing on the child's emotions or using their custody case as a way to control or punish the other parent. They may also use their charm and charisma to sway the court in their favor.

  3. Lack of boundaries: Narcissists may not respect the boundaries of their children and may invade their privacy. This can include monitoring their child's social media, reading their diary, or listening in on phone calls. They may also use their access to the child as a way to control or manipulate the other parent.

  4. Lack of accountability: Narcissists may blame others for their mistakes and avoid taking responsibility for their actions. They never seem to be at fault (sound familiar?) This can make it difficult to hold them accountable for their behavior during the custody case, and they may try to shift the blame to the other parent.

  5. Difficulty accepting criticism: Narcissists may react poorly to constructive feedback or criticism, and may see it as a personal attack. This can make it challenging to work towards a resolution in the custody case, as they may refuse to acknowledge their own mistakes or take responsibility for their actions.

  6. Self-centeredness: Narcissists often prioritize their own needs and wants over those of their children. They may be unwilling to make sacrifices or compromises in order to ensure the well-being of the child, and may use the child as a way to gain validation and admiration from others.

It is important to document any instances of these behaviors and present them to your lawyer as evidence in court. Not every e-mail, text message or conversation is relevant so let your attorney decide what is best given your case, judge and unique set of facts. It's also important to have a strong legal representation and be prepared to advocate for your rights as a parent in court and you can contact us here at Mindin & Mindin for a free phone consultation to discuss your matter.

Ultimately, the most important thing is the well-being of your child, and the court will take this into the highest level of consideration when making a decision about custody. However, it's also crucial to be aware of the potential manipulation tactics that a narcissistic parent may use, and to be prepared to counter them. With the right preparation and support, our experienced attorneys can navigate a custody case with a narcissistic parent and work towards a resolution that is in the best interests of your child.

Not all individuals with these traits are narcissists and these traits can manifest differently on different people. For this reason, it is not proper to openly diagnose someone as a narcissist when you are in Court…leave that to the experts. However, if these traits are causing harm to your child or yourself it's important to seek help. Additionally, it's important to be aware that the court may not consider these traits as a sole reason to deny the other parent custody, but it can be used as evidence to show that the child's well-being is at risk if placed under the care of the parent with these traits.

Contact us today for a free phone consultation to discuss how we can help your family.

What can a Father seeking custody in New York State expect from the Court?

The Courts in the State of New York, both Supreme Court and Family Court primarily consider the best interests of the child in any custody determination. This means that the court will make a decision about custody based on what is believed to be in the child's best interests, rather than simply awarding custody to one parent or the other based on who earns more or based on gender. Factors that may be considered in determining the best interests of the child include the child's age, health, and emotional ties to each parent, the capacity of each parent to provide for the child's needs, and the ability of each parent to provide a stable and nurturing environment for the child.

It is important to note that there is no presumption in favor of either the mother or the father in custody determinations in New York State. Both parents have an equal opportunity to seek custody of their children and to present evidence to the court to support their custody request. No two cases are exactly alike and specific facts and circumstances will vary and potentially affect the outcome of a case.

If you are a father seeking custody of your child in New York, call us at Law Offices of Mindin & Mindin to speak with an experienced family law attorney who can advise you on your options based on your unique circumstances and help you to present your case to the court in the most coherent and It is also a good idea to try to work with the other parent to reach a mutually satisfactory custody arrangement, if possible, as this can often be the most positive outcome for all involved, including the child. If that is not possible, or you are seeking to put your plan into writing, please contact us at 888-501-3292 for a free phone consultation regarding your New York State Custody and Visitation matter.

RELOCATION GRANTED, BUT COURT MUST SET A SPECIFIC, RATHER THAN OPEN ENDED VISITATION SCHEDULE

If you are seeking to relocate or oppose a relocation from the New York City area, please contact our office immediately for a free consultation at 888-501-3292!

A parent seeking to relocate with a child bears the burden of establishing by a preponderance of the evidence that the proposed move would be in the child's best interests. In determining whether relocation is appropriate, the court must consider a number of factors including each parent's reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child's future contact with the noncustodial parent, the degree to which the custodial parent's and child's life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and child through suitable visitation arrangements.


Here, the mother established by a preponderance of the evidence that relocating to Georgia was in the child's best interests. The mother had sound reasons for wanting to relocate, including providing the child with a better environment and increased financial stability. The Family Court's determination to credit the mother's testimony as to how the move would improve her finances is entitled to deference. As to the father's relationship with the child, who was 11 years old at the time of the hearing, the evidence demonstrated that the mother was the primary caregiver ; that the father was not involved in the child's day-to-day life, education, or healthcare ; and that the father kept in contact with the child more through phone and FaceTime calls, rather than through in-person visits, which he could continue if the child moved to Georgia. Moreover, the evidence demonstrated that the child liked the area where the mother sought to move, he had extended family in Georgia, several of the mother's family members who saw the child regularly in New York were also moving to Georgia, and the child could visit the father during school breaks. Thus, the mother demonstrated a change in circumstances warranting a full hearing on her petition, and at that hearing established by a preponderance of the evidence that the proposed relocation was in the child's best interests.


The father correctly contends, however, that the Family Court should have set a more detailed schedule for parental access and should have specified how the parties are to pay for travel associated with that schedule. As the distance between New York and Georgia will prevent the parties from continuing their current practice of spontaneous visits when the father or the child wants to visit, the court should have provided them with a specific schedule for parental access to allow them to plan their travel and visits in advance. Accordingly, we remit the matter to the Family Court, Suffolk County, to set forth, with all convenient speed, a more detailed schedule for parental access, which shall specify how the parties are to pay for the travel associated with such schedule.

Thomas v. Mobley, – NYS3d – , 2022 WL 2057827 (2nd Dep’t. 2022)

COVID VACCINE WARS IN CUSTODY BATTLES

Over the past few months we have seen an increase of heated disputes over vaccinating Children ages 5-17 as the COVID-19 vaccine becomes available and approved for younger children. Many parents can not agree on this topic and have turned to the New York courts to make that decision for them.

Recently, a NYS Court ordered that an 11 year MUST get vaccinated in a messy divorce ruling out of Monroe County. Justice Richard Dollinger sided with the pro-vax mother, despite the father’s concerns. 

“Waiting to be sure” as the father put, does not rise to a level of concern regarding the side effects of the vaccine “when the specter of a killing or incapacitating disease is swirling in the environment surrounding this young girl,” Dollinger said in his ruling.


“Scientists may never catch up to this ever evolving and elusive virus and variants.”

Attorney Leon Mindin discusses his legal opinion regarding COVID-19 vaccines for children in a November 2021 video.

Justice Dollinger ordered the mother to schedule an appointment for her daughter to get the shot immediately and  noted that the risks from the vaccine are lower than the risks that would come from the girl contracting COVID-19 — such as experiencing severe symptoms from the virus and importantly spreading it to others.

“This court is unwilling to kick this can down the road,” Dollinger wrote. “It could be years before any researchers have exacting accounts of either the short or long term consequences of the administration of this vaccine on 11-year-old girls with this child’s physiological makeup.”

This is not the first time that a judge has been asked to intervene in family disputes over the COVID-19 vaccine. In October 2021, matrimonial Judge Matthew Cooper (presiding in New York County Supreme Court) suspended a father’s visitation with his 3 year old unless he got the vaccine or had weekly negative tests.

The paramount concern when making any parental determination in which the Court substitutes its judgment for that of either parent, is the best interests of the child, under the totality of the circumstances. The Court determined that the best interests of this child are served by participating in the vaccine program. The mother wants the child vaccinated: the child agrees. So does her counsel. The father, already vaccinated, acknowledged that vaccines are important, even though he questions potential complications and side effects in its application to his youngest daughter. The child's pediatrician, selected by both parents, endorses an immediate vaccination and so did the Court.

You may access the full decision at J.F. v. D.F., Defendant., 2021 WL 5779901 (N.Y. Sup. Ct. Dec. 3, 2021)

As this issue will continue to dominate the headlines in the weeks and months to come, please feel free to reach out to our firm who has been closely following and litigating such issues for a free consultation at 888-501-3292 or click here to contact us.

Marriage Bureau Offices in NYC set to reopen!

Great news for eager lovebirds, New York City Mayor Bill de Blasio has just announced today July 15, 2021 that in-person marriages are BACK! No more waiting for a virtual appointment for months on end. People may now come to get married in person once again as the COVID-19 pandemic subsides. The Mayor did note that you must be a NYC resident in order to get married in the city.

As more and more people can now get married, we are available for all your prenuptial agreement needs. We handle both drafting and reviewing sides of agreements and offer a free consult to all those interested to learn more about our flat fees. Call our New York City prenuptial agreement lawyers at 888-501-3292 for more information or contact us by CLICKING HERE.

What will happen to my conditional Green Card if I am going through a divorce?

It’s not uncommon for foreign nationals who marry U.S. citizens and to submit to the green card process through USCIS. When the marriage itself is less than two years in duration the foreign national is typically granted a conditional green card status rather than a permanent green card. There is a waiting period for the permanent green card in order to allow immigration officials to investigate the validity and legitimacy of the marriage.

To remove the conditions on the marriage-based green card, you must file a USCIS form I-751 in the 90 day period before the expiration of the conditional green card. Form I-751 is always filed with additional proof that the marriage is legitimate. (affidavits from friends and family attesting to the legitimacy of the marriage, proof of cohabitation such as bills and leases and proof of joint property and assets).

What Happens to Your Green Card if You Get Divorced Before 2 Years Has Passed?

Generally the Form I-751 must be filed jointly by the conditional permanent resident and U.S. citizen spouse. When the couple separates or gets a divorce or annulment around the time the I-751 must be filed, the conditional permanent resident can request a waiver of the joint filing requirement. This waiver is known as the good faith waiver, where the marriage was entered into in good faith but was validly terminated through divorce or annulment. If a divorce or annulment has occurred, a good faith waiver must be accompanied by supporting documentation, including the divorce decree or other document terminating or annulling the marriage and evidence of an actual marital relationship to prove the marriage was legitimate.

Are there any other Options to Keep My Conditional Green Card if I’m heading towards a divorce?

Other waivers of the joint filing requirement may be available where a foreign national can show that removal would cause extreme hardship or where the person can show that they entered the marriage in good faith and one of the following situations arose: (1) the U.S. citizen spouse subsequently died or (2) the foreign national was subject to battery and/or extreme cruelty by the U.S. citizen spouse.

All waivers of the I-751 joint filing requirement are discretionary and require a significant amount of supporting documentation.

Justin Bieber & Hailey Baldwin: What Part Of His $250 Mil Fortune She’ll Get Without Prenup

Leon Mindin, Esq. was featured in an article in Hollywood Life on October 4, 2018 regarding Justin Bieber’s surprise marriage to Hailey Baldwin. Check out the original article over at https://hollywoodlife.com/2018/10/04/hailey-baldwin-justin-bieber-prenup-money-marriage/


Did Justin Bieber give Hailey Baldwin his fortune by saying ‘I Do’? After getting married without a prenup, a lawyer EXCLUSIVELY tells us what Hailey could get in a divorce.

In this day and age, it seems insane that a major celebrity like Justin Bieber, 24, would get married to anyone without a prenup. Yet, he supposedly wed Hailey Baldwin, 21, without such an agreement in place. Does that mean his estimated $250 million fortune is up for grabs if this marriage goes sour? “Hailey is not legally entitled to any of Justin’s premarital assets,” Leon Mindin, Esq., a New York family law attorney of the Law Offices of Mindin & Mindin, P.C., tells HollywoodLife.com EXCLUSIVELY.

“All of Justin’s premarital property remains his,” Leon tells HollywoodLife.com, “but his royalties from his music that get paid after the marriage are likely to be considered income and would be marital property. These royalties may very well count into his post-marital assets, which would have to be split in the event of a divorce. Every penny he makes after their date of marriage is considered marital and what is left after the bills are paid is their joint marital property.”

So, every penny Justin makes after Sept. 13, 2018 – the date he and Hailey reportedly tied the knot in a NYC courthouse – would be split in the event of a divorce. Leon does stress that the terms of the divorce would also be determined by which state they get divorced in. So, is there a way for Justin to protect his royalties? “It is likely that his money is wrapped up in trusts and other investments that are difficult to touch,” Leon says. ”Celebrities and high net worth individuals don’t get divorced like regular people. Everything financial is worked out in a settlement, the court battles are usually left when it comes to issues with kids.”

“This isn’t your average guy,” Leon adds. “He’s had very smart and experienced people set up his assets in a way to minimize his exposure to risk from lawsuits, divorce, etc.”

Would Hailey be entitled to any spousal support if they were to split? Plus, what happens if they have a kid? “If they have a child and Hailey was to seek child support in New York, Justin would have to support the child based on a formula, this is the case for almost all the states,” Leon tells HollywoodLife.com. “New York applies a formula based on the Child Support Standards Act. Child support would require Justin to provide a basic level of support depending on the needs and lifestyle of the child along with additional funds for add-on expenses such as necessary childcare, educational, healthcare and extracurricular expenses.”

Justin, according to Leon, would likely just settle with Hailey to provide child support. “This is definitely not a case you will see in family court.” As for spousal support?

“If Hailey is the less-monied spouse she can seek spousal support. In New York, it is known as ‘maintenance’,” he adds. “If her earnings are in the six figures, she might not be eligible for maintenance. Much like child support, maintenance is determined by a formula. The purpose of maintenance is to help divorcing people get back on their feet financially, I don’t know what her finances look like but I also don’t see this issue being litigated in open court.”

Understanding Life Insurance in a New York Divorce

As you likely know, if others are dependent on your income, a good life insurance plan can add stability to your long-term future. However, that means you will likely have to address changes to your life insurance plan moving forward. It can be a confusing arena to navigate, especially with all the complications of finances involved, but you will want to re-evaluate your future needs as well as your beneficiaries to ensure you two can walk away as separate people, while still keeping in mind any other dependents you may have (i.e. children).

If you opened up your life insurance account with your ex-spouse, you should make sure you are the owner of your own policy. This will help you change beneficiaries, which you might want to do depending on your future relationship, any children you have, etc. It’s important to discuss with your attorney the details of policy ownership and the paperwork that follows.

Life Insurance is a topic that doesn’t get discussed enough. Many of us leave it for “later” to talk about it with our family. Illness, accidents, and even death can happen at any moment. And while most of these things we cannot control, we can search for options to protect our family in case of the unexpected.

Do I need life insurance, what type, what is the limit amount, and what does the policy offer?— These are some of the questions many of us have when we start the research for a life insurance policy. There is no better time than now to get informed and evaluate how our families can be financially protected. This resource provides an in-depth comparison of different life insurance companies that can help you to make the right decision for you and your family.

A note on child support:

In order to further protect your children’s future, you may also want to consider setting up a life insurance policy or using one purchased during your marriage on your ex-spouse. This is especially crucial if you depend on your ex-spouse for financial child-support; your life insurance policy could protect you and your child(ren) against the potential of an unfortunate fatality. However, it is up to you to decide if you want to pay for the premiums yourself or work with your ex-spouse to ensure these are covered. (Note: missed payments may increase the possibility of a terminated policy.)

An attorney from Law Offices of Mindin & Mindin, P.C. can help you understand the ins and outs of your life insurance policy, especially during your divorce, such as splitting cash value, ownership, spousal maintenance, and more. If you are looking to take out a new life insurance policy, either term or whole life, you can check out Reviews.com for some helpful tips.

Term: https://www.reviews.com/life-insurance/

Whole Life: https://www.reviews.com/life-insurance/whole/

 

Scaramucci Divorce turns to Paternity Test

Anthony Scaramucci’s divorce has officially turned N-A-S-T-Y! Sources believe that his estranged wife Deidre Ball could have had an affair and got pregnant by someone else while Anthony was away building his political career for President Donald Trump.

Deidre is avidly denying such claims and hired power shark attorneys Bernard Clair and Dan Rottenstreich. Things are certainly heating up in this divorce and only time will tell if Scaramucci truly is the father.

Deidre filed for divorce when she was nine months pregnant on July 6th at the Nassau County Supreme Court. She then gave birth to the couple’s second child in late july. Scaramucci actually didn’t come home until 6 days after the child’s birth, as baby James was in the neo-natal unit at Lenox Hill hospital. Scaramucci’s attorney, Leonard Sperber has not made any comments regarding the case.

New York Divorce Attorney Leon Mindin says "As long as the child is born during the course of the marriage, it is presumed that Anthony Scaramucci is the father. If he thinks this is not his child he needs to ask for a paternity test immediately. You can't fault him for exercising his legal rights and protecting himself!"

Millennial Prenuptial agreements on the rise

Millennial Prenuptial agreements on the rise - and it's not because they are making more money!

The number of 18- to 35-year-olds seeking prenuptial agreements is on the rise nationwide and we have definitely noticed it at Mindin & Mindin, but the reason behind it may surprise you. Millennials are more interested in protecting the what could be rather than the what’s there. Intellectual property such as films, songs, software and even apps that haven’t been built yet (rather than cash) are just some of what New York based attorney Leon Mindin Esq. is drafting up.

Leon Mindin Esq. sees this day in, day out. Mindin believes that more and more millennials choose for their property (currently in existence or not) to remain separate as they enter this new chapter in their lives.  That is why he believes that prenups are on the rise and will continue to be less of a taboo topic as couples approach the big day. Many of the previous generations did not protect themselves under the false belief that since they are not entering a marriage with significant assets, they should not draft such an agreement. Most people get married fairly young or at the on set of new careers before they have had a chance to accumulate significant assets or purchase a home. Within a few years of marriage, most people have established a steady career and income stream and are surprised how quickly that nothing turned into something.


However, living in an age of opportunity – whether it is from future earnings from a salaried job or from the creation of intellectual property, one should ALWAYS protect him or herself from what could be. 

“A prenuptial agreement is like an insurance policy, it’s a small price to pay to protect your financial stability. Get married, put it under your mattress and hopefully never have to look at it again.”
— Leon Mindin, Esq.

Leon Mindin says that in a perfect world, all marriages would survive – but since at least ½ of them don’t, you shouldn’t play the odds either. People are often surprised that a prenuptial agreement is not as expensive as they had thought. Most standard agreements are usually done on a flat fee basis for both drafting and review. If you are getting married soon, allow yourself a minimum of six weeks to have a prenup drafted, reviewed, revised and executed. If you find yourself on the cusp of marriage without a prenuptial agreement, pick up the phone and call us at 888-501-3292 or send us an e-mail through our contact page for more information.

New York Child Custody Lawyers

If your separation or divorce involves minor children, the issue of child custody is likely to be your focal point of your divorce proceedings. Divorce is never easy, no matter how contentious or amicable you may think it is, it is especially difficult for the children of the divorcing couple.

Law Offices of Mindin & Mindin, P.C., we help our clients with child custody issues that carry all types of complications. Schedule a free case evaluation with our New York City divorce lawyera if you require aggressive and knowledgeable legal assistance with your child custody issue.

HOW DO THE COURTS MAKE THEIR DECISION WHEN IT COMES TO CHILD CUSTODY?

It is a common misconception that custody defaults to the mother, that is not always the case, the results of a child custody dispute are never a certain conclusion and they can become very complicated and contentious. Many considerations are made by the court when deciding a child custody arrangement.

Children under the age of 18 will be under the court's jurisdiction when deciding custody. Parents, however, may continue to involve an older child in disputes regarding spousal support for assistance with educational costs, medical expenses, and medical insurance.

FACTORS THAT ARE INCLUDED IN THE COURT'S DECISION

When determining what is best for the child or children, the court will consider many factors, including:

  • The age of the child (or children)
  • Whether one parent has been the primary caregiver of the child
  • Whether the child has any special needs
  • The parenting skills of each parent
  • The mental and physical health of the parents
  • Whether there is any history of domestic violence
  • The work schedules and job demands of each parent
  • The proposed child-care plans of each parent
  • The child's own preference, depending on his or her age

WHAT ARE THE TYPES OF CUSTODY?

Custody relates not only to where the child resides (residential or physical custody), but who is given the right and responsibility to make decisions for the child (legal custody).

  • Legal custody involves making medical decisions and the ability to make decisions about the child's education. Often, both parents will want to share in these responsibilities, in which case they will have a joint custody agreement (if the court agrees it is in the best interests of the child). In most cases, courts prefer that both parents continue to develop a positive relationship with the child or children.
  • The court may award sole custody to one parent in cases in which one parent may not want custody or may believe that the other parent is not fit to have either physical or legal custody. Sole custody does not relieve the non-custodial parent of his or her child support responsibilities. The non-custodial parent may also be able to obtain visitation rights, which the custodial parent must honor. Special conditions may be attached to visitation, such as requiring a third party supervisor for a parent who has a history of substance abuse, domestic violence, or mental instability.

In some cases, neither parent may be fit to care for the children. In this situation, other interested parties, such as grandparents, aunts, uncles, or even more distant relatives, may apply for custody. These parties may also seek custody when the parents have abandoned, neglected or abused the children, and if the third party or parties can demonstrate that granting custody to them would serve the best interests of the child or children.

CONTACT US TODAY FOR A FREE CONSULTATION

Our legal team can evaluate your situation and help you negotiate a reasonable solution, prepare and review the necessary paperwork, and ensure that the custody and visitation orders are fair to both you and your child.

Whether you are preparing for a custody battle, find yourself in the middle of one, or need to  modify an existing custody arrangement, our firm is ready, willing, and able to assist you.

Contact us at 888-501-3292 or e-mail us with any questions you may have.

5 of the most shocking celebrity divorces

 

As news of Brad Pitt and Angelina Jolie’s divorce hits the headlines, we look back at five celebrity divorces we didn’t see coming.

Paul McCartney and Heather Mills

Beatles star Paul McCartney’s divorce from former model Heather Mills was one of the most explosive in showbiz history. The couple were married from 2002-2006, before their divorce was finalised in 2008. Their lavish wedding took place in Glaslough, Co. Monaghan. In several interviews Mills said the breakdown of their marriage was caused by McCartney’s daughter, Stella. Mills and McCartney had one daughter together, Beatrice Milly McCartney, and Mills left the marriage with a €31m settlement, which she reportedly spent in 22 months.

Madonna and Guy Ritchie

Madonna and Guy Ritchie were married for eight years before splitting in 2008. They had son Rocco together and adopted their second son, David Banda, during their marriage . It was ruled earlier this month that Rocco would live with his father, rather than Madonna.  The pop star reportedly paid Ritchie between €67 and €81 million, including the value of their London pub, the Punchbowl and their country home in their divorce.

Katie Holmes and Tom Cruise

TomKat got engaged in a whirlwind romance just eight weeks after they met, during which Cruise jumped on the couch during The Oprah Winfrey Show declaring his love for Holmes. Cruise and Holmes divorced to “protect Suri [their daughter] from Scientology [Cruise’s religion]” in 2012 after six years of marriage.

Gwyneth Paltrow and Chris Martin

Paltrow announced that she was “consciously uncoupling” from the Coldplay frontman after 10 years of marriage on her lifestyle website Goop in 2014. The infamously private couple had two children together, Apple and Moses.

Jennifer Lopez and Marc Anthony

J Lo and Marc Anthony were married for seven years and had twins Max and Emme together before splitting in 2011. Lopez went on to tell People magazine that the divorce was the “biggest disappointment” of her life, but she knew it was the “right thing” to do.

Whether you are a celebrity or not, call Mindin & Mindin, P.C. at 888-501-3292 for your contested or uncontested divorce.

Brad Pitt and Angelina Jolie: It's all about custody of the kids

New York divorce attorney, Leon Mindin, Esq. weighs in on what’s ahead for Brad Pitt and Angelina Jolie: It's all about custody of the kids

 

The news of Brangelina's split hit us hard Monday afternoon. The internet went haywire with memes of Jennifer Aniston getting her revenge all these years later – it really doesn’t get much bigger than this: Angelina Jolie Pitt has filed for divorce from Brad Pitt, and she’s going for full custody of their six kids.

“Most likely money is not the motivating factor here, but the children are” says attorney Leon Mindin Esq. of The Law Offices of Mindin and Mindin P.C, who looks at this issue from a New York perspective “Angelina filed for full custody under the law because ancillary relief must be raised in your divorce complaint, otherwise you cannot raise the issue at a later date.” Mindin goes on to say that in his opinion these two A-listers have a common goal of keeping things out of the media and out of court of public opinion.

Mindin suspects that this case will have little to do with money or property and everything to do with custody. There’s no indication on the divorce petition of a pre- or post-nuptial agreement, he said, and any custody wishes laid out in such a document would be deemed unenforceable because the court has to act in the best interest of the children, not the parents.

The press has already speculated about Brad’s alleged cheating – and that would be the driving force of coming to a quiet resolution and keeping these tabloid worthy facts out of court.

California, much like New York is a no-fault state, there doesn’t have to be a complaint alleging infidelity on Brad’s part, Mindin said, if the parties can reach an agreement out of court.

The kids will “go as a pack” when it comes to custody, regardless of the fact that some are adopted and others are children of the marriage.

Travel for work by Pitt or Jolie is will also be an unlikely factor in the determination of custody – as actors and their rigid schedules are a common component in celebrity divorces in the state of California. Additionally, both parents have more than enough resources to hire nannies, teachers and others to help out, even in the case of 50-50 custody.

At 15, eldest child Maddox Jolie-Pitt has the right to express his custody preference to the court, and if the request is reasonable and rational then it must be taken into consideration.

Hopefully he won’t have to do that in court, because having to ‘choose between your parents,’ is something no child should ever have to be put through. Especially when you have kids who’ve been adopted, they have a fear of abandonment, and putting them through another go-round of that, that’s really hard on kids in general, especially adopted kids.

If you are going through a divorce, feel free to contact us at 888-501-3292.