Changing Circumstances and Child Custody

Long Island’s Best Divorce Lawyer said this was an appeal of an order granting Petitioner Mother’s (hereafter Mother) application to modify a prior order of custody.  In this prior order, sole custody of the children was granted to the Respondent Father (hereafter Father) with visitation to the Mother.  The Appellate Division subsequently affirmed the Family Court’s modification which “granted the parties joint legal custody of the children, with primary residential custody awarded to the mother and specified parenting time to the father.”

The Mother alleged that the existence of substance abuse and domestic violence in the Father’s home had escalated to the point where police involvement was required.  The Mother also alleged that Father’s wife (hereafter the stepmother) had driven the children while “high.”  The Appellate Division found the Father’s home had “descended into chaos” as the result of alcohol and substance abuse, while the Mother’s household became a safe and stable environment.  A report of the Delaware County Department of Social Services (hereafter DSS) noted that the Mother no longer abused alcohol.  The report noted that the Mother was remarried and relocated to the children’s current school district.

The standard for the modification of a custody order is whether there has been a sufficient change in circumstances that “reflect a real need for change in order to insure the continued best interests of the children.”  The various factors a court looks at when determining whether modification is warranted include “the parents’ ability to provide a stable home environment for the children, the children’s wishes, the parents’ past performance, relative fitness, ability to guide and provide for the children’s overall well-being, and the willingness of each parent to foster a relationship with the parent.”  A Nassau County Family Law Attorney said that in this case the Mother made strides to improve her ability to raise the children.  She had remarried and was able to provide a safe, stable and nurturing home, and had “become more engaged with the children’s educational and medical needs.”

In the event you wish to modify your custody order seek out the services of the experienced family law attorneys at Simonetti & Associates.


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Custody and Attorney for the Children

An appeal from an order awarding sole custody of the parties’ two children to Petitioner Father, with liberal visitation to the Mother.  The Mother asserted that the Family Court erred in its determination because it failed to appoint separate counsel for the children when the parties’ son expressed a desire to live with his mother when it was not consistent with the daughter’s expressed wishes.

The Mother believed a separate attorney for her son should be appointed due to the son’s differing view on where he wished to reside.  The Attorney for the Children (AFC) was previously informed by both children that they wished to continue living with the father, whom had been granted temporary custody.  However, during the trial, the son (9 years old) communicated that he wished to live with the Mother because “he can stay up late and he doesn’t get in trouble” at her house.  Under normal circumstances, the AFC “must zealously advocate the child’s position.”  As long as the child is “capable of knowing, voluntary and considered judgment, the [ATC] should be directed by the wishes of the child.” 

This can be the case even if the ATC “believes that what the child wants is not in the child’s best interests.”

However, this situation shifted from that norm.  The Appellate Division said that where an AFC is convinced that “the child lacks the capacity for knowing, voluntary and considered judgment or that following the child’s wishes is likely to result in a substantial risk of imminent, serious harm to the child,” the AFC would be “justified in advocating a position…contrary to the child’s wishes.”  As such, a Nassau County Family Law Attorney said the AFC disregarded the son’s wishes as “immature” and therefore “not controlling.”  A Lincoln Hearing was subsequently held and the Court went on to deny the Mother’s request for the appointment of a new AFC for the son.  Sole custody of both children was subsequently awarded to the Father.

The Appellate Division reviewed the transcript of the Lincoln Hearing and determined the Family Court “properly denied the mother’s request to appoint separate counsel for the son.”  Due to the confidential nature of the Lincoln Hearing, the Appellate Division could not state the reasons for its determination in its opinion.

There are times in custody proceedings involving multiple children that one or more of the children wish to live with a parent that does not retain custody.  In such a situation separate counsel may be appointed for that child(ren).  As a parent it is important to understand the process of a custody proceeding.  The experienced Family Law Attorneys and winners of the Best of Long Island for Best Law Firm at Simonetti & Associates can help guide you through.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

Are you thinking about getting a divorce?  Call us today for a free consultation (877) 385-2560

Prenuptial Agreement and Marital Residence

Long Island’s Best Divorce Lawyer in Nassau County said this appeal is from an order which denied the Plaintiff’s motion seeking a determination that he is entitled to $143,000.00 from the sale of the marital residence located in Indiana.  The Plaintiff claims he was entitled to the sum because it was a contribution from separate property.

The two parties were married in New York, but subsequently settled in Indiana.  A prenuptial agreement was entered into by the parties.  The Defendant filed the divorce action in Indiana.  While the divorce action was pending the Plaintiff commenced an action in New York seeking “a determination of his separate property and the parties’ marital property pursuant to the terms of the Agreement.”  Under New York law, a spouse is “entitled to a credit for his or her contribution toward the purchase of the marital residence.”  This would include the Plaintiff’s contributions which would be “directly traceable to separate property.”  Despite the fact the parties held the title jointly as a marital residence the Appellate Division reversed the Supreme Court.

For individuals that wish to protect their personal assets in the event of a divorce a prenuptial agreement is advisable.  The experienced attorneys at Simonetti & Associates are here to assist you in the process of drafting such a document.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

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Non-Parent and Child Custody

Long Island’s Best Divorce Lawyer said this was the appeal of an order of the Family Court should awarded sole custody to a nonparent.  Appellant Mother brought the appeal on the grounds the Family Court erred in making its decision by failing to conduct an evidentiary hearing to determine whether extraordinary circumstances existed.  The Appellate Division reversed the order and remitted the matter to the Family Court for the requisite evidentiary hearing.

When a nonparent is seeking custody of a child the parent has a superior right to custody that cannot be denied.  A nonparent can obtain custody only by establishing that the parent has relinquished that right as a result of surrender, abandonment, persisting neglect, unfitness or other extraordinary circumstances.  A Nassau County Child Custody Lawyer said the nonparent must first prove extraordinary circumstances exist and then the court will address the issue of the best interests of the child.

The Appellate Division ultimately found the Family Court “deprived a biological parent of custody of her children without the…[requisite evidentiary] hearing’ on the issues of extraordinary circumstances and best interests.”  Long Island’s Best Divorce Lawyer said the Appellate Division looked at the specifics of the Court’s approach.  When the parents were asked if they were calling any witnesses to testify on their behalf the parents said that only they were testifying.  The Court then stated that there was “no triable issues of fact and granted the nonparent’s petition for custody.”  By doing this the Family Court “failed to place the burden of proof on the nonparent to prove that extraordinary circumstances exist[ed]”.

Each family’s circumstances differ and sometimes a child living with a nonparent is in the best interest of the child.  If you have a similar situation seek out the advice of the experienced family law attorneys at Simonetti & Associates.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

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Child Support in Arrears

Long Island’s Best Divorce Lawyer said this appeal was from an order of the Supreme Court which granted Defendant Wife’s motion for an order directing Plaintiff Husband to pay child support arrears and counsel fees.

An oral stipulation of settlement was entered into by the parties in December 1999 where the Husband agreed to pay the Wife child support for their three minor children.  However, in 2011 the Husband moved for the stipulation to be vacated arguing it failed to comply with the Child Support Standards Act.  The motion was subsequently denied and the Appellate Division affirmed.  The Wife then moved for an order which would direct the Husband to pay arrears due and the Husband opposed the motion with an order to show cause by again arguing the stipulation should be vacated.  This appeal followed.

A Nassau County Divorce Lawyer said the arrears had been granted without a hearing.  The Appellate Division said a hearing was not required because the Husband had not submitted any evidentiary evidence which could dispute the amount he failed to pay nor support “his claim that the parties’ eldest daughter was emancipated or contesting the amount of counsel’s fees.”  Therefore a hearing was not necessary.

On the Husband’s order to show cause the Appellate Division affirmed the Supreme Court’s denial on the grounds of res judicata.  As the Appellate Division states, “[t]he husband had a full and fair opportunity to challenge the stipulation as part of his previous, unsuccessful motion and cannot now attack its validity based on defects raised either in his prior motion or for the first time in his order to show cause.”

If you are considering a divorce seek out the advice of the experienced divorce attorneys at Simonetti & Associates.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

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Nonparents and Child Custody

An appeal of an order of the Family Court awarding Petitioner Aunt sole legal and physical custody of Respondent Parent’s children, with visitation to the respondents (the mother’s visitation to be supervised).  Petitioner brought the underlying petition to modify two existing custody orders which gave physical and legal custody of the younger child to the Respondent Mother and physical custody of the older child to the Aunt with visitation to the Mother.

In order for a nonparent to overcome a parent’s superior right to custody, the nonparent must meet the heavy burden of establishing extraordinary circumstances.  The Court considers several factors in making such a determination including “as the length of time the child has resided with the nonparent, the quality of the child’s relationships with the parent and the nonparent, the prior disruption of the parent’s custody, separation from siblings and any neglect or abdication of responsibilities by the parent.”  A Nassau County Family Law Attorney said because the trial court failed to address this issue the Appellate Division did so.

The Appellate Division ultimately found the Petitioner met her burden of extraordinary circumstances.  The mother was experiencing dramatic health issues which affected her ability to care for the children.  These were severe pulmonary issues which required the aid of oxygen.  According to testimony by the Petitioner and partially corroborated by the Mother, the Mother would depend on the children to assist her with personal and health needs.  The younger child had developed behavioral issues and would get into trouble at school as a result of the Mother’s condition hindering her ability to supervise.  The Appellate Division held the Petitioner met her burden of extraordinary circumstances because it was evident “the mother neglected the younger child and/or generally abdicated her parental responsibilities by…placing the child with questionable caretakers while the mother was hospitalized, fail[ed] to provide adequate living conditions and proper dental care, requir[ed] the child to care for the mother’s health needs and repeatedly subjecting the child to stressful confrontations regarding her custody.”

A Long Island Child Custody Lawyer said that once the Petitioner met her burden of extraordinary circumstances, the Appellate Division went on to whether the custody modification would be in the best interest of the child.  In light of the above facts and the relationship the children had with the Petitioner there was a sound basis to award the Petitioner with custody of bother children.

At times the best interests of a child may demand custody be awarded to a nonparent.  If you have a similar situation as the case above or a parent that wishes to know their rights seek out the advice of the experienced family law attorneys and Best of Long Island winners at Simonetti & Associates , serving Suffolk County and Nassau County.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

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Child’s Education, Support and Divorce

An order of the Supreme Court denying Plaintiff’s motion for the modification of custody and enforcement of child support as outlined by the parties’ stipulation of settlement was appealed by Plaintiff. Long Island’s Best Divorce Lawyer said the Appellate Division affirmed the lower court’s decision and remanded the matter for a hearing regarding the issue of the child’s private school tuition.

A Nassau County Divorce Lawyer said the Plaintiff had failed to show sufficient evidence to warrant her modification request. The Court pointed out that just because the parties have differing views on education or extracurricular activities does not necessitate a custody modification. Both parties can still co-parent despite this fact. The parties have also included a procedure to handle disagreements in their stipulation of settlement. If such a procedure failed, the “parties reserved the right to resolve such matters in court.”

Long Island’s Best Divorce Lawyer said the Appellate Division affirmed the trial court’s ruling that the Defendant’s reduction in income and increased debts were sufficient cause to reasonably withhold consent for the use of out-of-network medical providers or the child’s enrollment in more than two extracurricular activities per semester. The trial court’s ruling to deny Plaintiff’s request for childcare cost reimbursement was also deemed proper as she did not submit evidence that those costs were incurred in order to enable her to work.

The parties’ agreement originally specified that the child would attend private school. This consideration along with the child’s long attendance at a private school chosen by the parties together, and the child’s “fondness for and outstanding performance at the school” the Appellate Division ordered the matter remitted to the trial court “to determine whether the Defendant unreasonably refused to consent to contribute to the cost of the child’s private school education.”

When finalizing a divorce it is sometimes difficult to anticipate all disagreements that could take place. Situations including child custody and alimony could lead to unexpected conflict. The experienced divorce attorneys and winners of Long Island's Best Divorce Lawyer at Simonetti & Associates can guide you through this process. Seek out their advice today.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

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Marital Assets and Maintenance Following a Lengthy Marriage

Marital Assets and Maintenance Following a Lengthy Marriage

Long Island’s Best Divorce Lawyer said this was the appeal of an order awarding defendant wife “a 35% interest in plaintiff husband’s corporate stock shares…and awarded maintenance in the amount of $7,500 per month until the earliest of either party’s death, the wife’s remarriage, or December 31, 2024.”

A neutral appraiser’s valuation of the husband’s corporate stock shares determined the shares were active, based on his daily role in the management of the company.  The trial court accepted the neutral appraiser’s valuation which was “based on the formula in the shareholders’ agreement.”  The wife retained an expert witness to appraise the stock, however the trial court rejected the expert witness’s valuation because he “did not consider the stock transfer restrictions contained in the shareholders’ agreement.”

A Nassau County Divorce Attorney said the Appellate Division agreed with the trial court’s determination that the wife was entitled to 35% of the value of the husband’s shares.  In this determination the trial court considered the length of the marriage (25 years), the wife’s contribution in running the household and raising the parties’ two sons throughout the marriage, and also considered that a majority of the increase in corporate revenues occurred in the same year as the commencement of the action.

The trial court’s determination on taxable maintenance was affirmed.  $7,500 per month was deemed adequate taking into consideration her age (56 years old), lack of work history, and inability to support herself “after being a homemaker throughout the time of the marriage.”  Long Island’sBest Divorce Lawyer in suffolk county said the wife argued she was entitled to $20,000 per month which was “detailed in her net worth statement and that she should be entitled to a lifetime maintenance award.”  The Appellate Division did not agree with this contention.  The trial court found the husband’s evidence of the parties living relatively modest, in contrast to the wife’s statement of net worth.

A lengthy marriage usually results in many marital assets and complicated court proceedings.  If you are contemplating divorce seek out the advice of the experienced divorce lawyers at Simonetti & Associates.


We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

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Parent With Alcohol Problems and Child Custody

Long Island’s Best Divorce Lawyer said this appeal involves a custody arrangement modification for the youngest of the parties’ three children.  The original custody arrangement provided for joint custody of the subject child with equal parenting time.  However, several incidents involving the child’s mother resulted in the father bringing the underlying petition for modification.

The custody arrangement was made in December 2011.  In October 2011, the mother was arrested for driving while intoxicated as she was fleeing a physical altercation with her boyfriend.  The child was not with her at the time.  Two months following this incident the mother, while working for a cleaning service, became severely intoxicated and fell down a set of stairs.  The child had accompanied the mother on this day and, took away the car keys from the mother and called the father for help.  Law enforcement personnel subsequently arrived and as a result the mother was charged with “endangering the welfare of a child.”  A Nassau County Child Custody Lawyer indicated reports were filed by child protective services against the mother for inadequate guardianship for each incident.  The father’s petition for modification followed.

The Supreme Court ultimately dismissed the father’s petition, “finding that he failed to demonstrate a sufficient change in circumstances to warrant modification of the agreed-upon custody arrangement.”  A Suffolk County Child Custody Lawyer said the Appellate Division reversed.  Despite the father knowing of the mother’s issues with alcohol at the time he agreed to share custody, the evidence of the mother’s escalating problems with alcohol, along with her subsequent alcohol-related incidents “was sufficient to constitute a change in circumstances requiring a review of the existing custody arrangement in order to determine whether [such arrangement] continued to be in the child’s best interests.”  The case was remitted to the Supreme Court for such determination.

Personal issues may affect a parent’s ability to properly care for their child following a custody arrangement being made.  Seek out the advice of the experienced attorneys at Simonetti & Associates to know your rights.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

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Child Exclusively with One Parent and Modification of Child Support

Long Island Best Divorce Lawyer said this appeal was the result of an upward modification of a child support order.  Appellant father appealed an order of the Family Court, Suffolk County which denied his objections to an order granting Respondent mother’s petition for an upward modification of father’s child support obligation.

In order for a modification of a parent’s child support obligation the petitioner must show a “substantial change in circumstances sufficient to warrant the modification of the [parent’s] child support obligation.”  A Nassau County Child Custody Lawyer said the Appellate Division agreed with the Family Court’s determination.  Facts showed that the father’s visitation subsequently ceased, which resulted in the mother’s child related expenses increasing dramatically due to the child living exclusively with her.  This constituted a substantial change which warranted modification.

Fulfilling one’s child support obligations is important.  However, sometimes life events warrant these obligations to be adjusted.  Seek out the legal advice of the experienced Divorce Attorneys at Simonetti & Associates.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

Are you thinking about getting a divorce?  Call us today for a free consultation (877) 385-2560

Parent is Hostile

Long Island’s Best Divorce Lawyer said this appeal stems from an order of the Family Court granting petitioner’s (hereafter father) petition for modification of a child custody arrangement.  The Family Court modified the existing child custody arrangement and granted the father primary physical custody of the parent’s two sons.
Father brought the petition as a result of the mother failing to inform father “immediately when the older son was diagnosed with cancer in October 2011, did not advise father that surgery was required until after surgery had occurred, and also refused to sign authorizations which would permit the father to speak with the son’s doctor until the father commenced a court proceeding to compel her to do so.”  A Nassau County Divorce Lawyer said the father also testified that the mother would limit the sons’ ability to communicate with him on the internet, listen in on their telephone conversations, and would be inflexible whenever the sons’ scheduled activities interfered with visitation time.
The Family Court did recognize that both parties are loving parents well attentive to the sons’ medical and educational needs, and the Court credited the mother with her success as the sons’ primary caretaker since 2003.  However, Long Island’s Best Divorce Lawyer described how the mother’s hostility towards the father resulted in the Court’s decision.  She ultimately “alienated the sons from her as well as interfered with her relationship with [the father].”  The Court deemed her conduct “so inconsistent with the best interests of the [sons] as to, per se, raise a strong probability that [the mother] is unfit to act as custodial parent.”
Child custody arrangements can be modified.  Seek out the advice of the experienced family law attorneys at Simonetti & Associates to discuss your rights.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

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Child Support Modification for Loss of Employment

A Nassau County Divorce Lawyer said this appeal concerns the dismissal of a father’s petition for a downward modification of his child support obligation and the lower court’s determination that he willfully violated an order of child support.

 A court may modify a child support order when the party seeking the modification can show a substantial change in circumstances.  Such a circumstance can be the loss of employment.  However, a Suffolk County Divorce Lawyer said the termination of employment must through no fault of his or her own, and that he or she has made “diligent attempts to secure employment commensurate with his or her education, ability, and experience.”

A Nassau County Child Support Attorney said the Appellate Division agreed with the Family Court’s determination.  The father’s credibility of the father’s testimony was in question.  He “failed to adduce sufficient credible evidence” to show that he lost his employment without fault of his own and “that he diligently sought re-employment commensurate with his earning capacity.”  Therefore, the father was not entitled to a downward modification of his child support obligations.

Understanding one’s child support obligations leading up to and following a divorce can be difficult at times.  If you are contemplating divorce and have children seek the advice of the experienced and winners of Long Island's Best Divorce Lawyers at Simonetti & Associates.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

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Child Support Calculation Pursuant to Statute

Long Island's Best Divorce Lawyer said a father appealed an order of the Family Court, Queens County which calculated the combined parental adjusted gross income to be $215,818.43 for child support purposes.  The father claims that the Support Magistrate was in error of awarding child support based on the parties’ combined parental income as it was in excess of the $130,000 income cap under Family Court Act § 413(1)(f) [The current parental income cap has since been raised to $141,000].  Prior to the order, the father was voluntarily paying the mother $500 biweekly in child support.  The mother petitioned for child support and the underlying action was the result.

At the time the order was issued the statutory cap under Family Court Act § 413(1)(f) was $130,000.  However, when the combined parental income exceeds $130,000 the court is to determine “the amount of child support for the combined parental income in excess of $130,000 through consideration of the factors set forth in Family Court Act § 413(1)(f) and/or the child support percentage.”  Such factors include, among others: (1) The financial resources of the custodial and non-custodial parent, and those of the child; (2) The physical and emotional health of the child and his/her special needs and aptitudes; (3) The standard of living the child would have enjoyed had the marriage or household not been dissolved; (4) The tax consequences to the parties; (5) The non-monetary contributions that the parents will make toward the care and well-being of the child.  Generally, the test is whether “the child is receiving enough to meet his/her actual needs and the amount required…to live an appropriate lifestyle.”

A Long Island Family Law Attorney said the Appellate Division stated that the record indicated the child enjoyed a “middle-class lifestyle with extracurricular activities,” “attended private school,” as well as summer camp.  Therefore, the Appellate Division affirmed the Support Magistrates determination.

Child support payments following a divorce, unless otherwise agreed upon, are governed by statute in New York State.  The calculation of what should be paid can be complicated.  If you are contemplating divorce and child support might be contested seek out the advice of the experienced attorneys at Simonetti & Associates.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

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Father Awarded Sole Custody of Children as a Result of Modification - See more at: http://www.simlawgroup.com/blog/father-awarded-sole-custody-of-children-as-a-result-of-modification/#sthash.9qBY5dHt.dpuf

A Long Island Child Custody Lawyer said this appeal was the result of the Family Court’s modification of a child custody arrangement. The two children of this arrangement were 17 and six years of age. The original arrangement provided for joint legal custody of the The children, with physical custody to the mother and visitation to the father. The mother and father had separated in January 2010, however in May 2011 the mother had consented to a finding of neglect of both children. Thereafter, joint physical custody of the older child was ordered (each party having custody on alternating weeks) and joint legal custody of the children continued with physical custody of the younger child remaining with the mother, with visitation to the father.

The father filed modification petitions with the Family Court seeking sole custody of the children. Following a fact-finding hearing and a Lincoln hearing with the older child, the father’s modification was granted (he was awarded custody of the children, liberal visitation to the mother). This appeal followed. The standard for a modification of a custody arrangement is that there must be a “showing of a change of circumstances reflecting a real need for change in order to insure the continued best interest[s] of the child[ren].” The Appellate Court found that the father met his burden of showing a change of circumstances. The Family Court considered and the Appellate Court agreed that it was in the best interests of the children to be in the father’s custody.

The older child, a special needs student, had struggled in school while in the mother’s custody. He was described as a “behavioral problem, being aggressive at times, that he was frequently absent and that he consistently failed to complete his schoolwork and homework.” Pursuant to a temporary order, while the older child was living with the father, he was enrolled in a different school and his teachers testified that he had excelled (earning honor roll status). The younger child was enrolled in nursery school while in the father’s custody. The mother admits to not have even considered it. A Long Island Family Lawyer states that the Appellate Division discussed the mother’s mental health issues and her failure to seek treatment despite it being a condition of a prior order. As a result, the grant of custody of the children to the father was upheld.

If you have a case similar to these facts or wish to seek a modification of your current child custody arrangement, the experienced and winners of Long Island's Best Divorce Lawyers at Simonetti & Associates can help. Set up an appointment today.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

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Dealing with Divorce over 50

As the baby boomer generation ages, it expands its search for individuality and satisfaction into the senior years. This generational tendency, along with longer life spans, is leading to a boom in divorce over age 50 often termed gray divorce.

Earlier this year a study from Bowling Green University yielded interesting facts about divorce trends in the United State, including the following:

Between 1990 and 2010, the divorce rate for persons over age 50 doubled.
As of 2010, divorce happens to one out of four people over 50.
The divorce rate of remarriages is 2.5 percent higher than the divorce rate of first marriages.

For anyone in an unsatisfying marriage relationship, divorce should be considered an option. But for those in middle age or at retirement, the landscape of divorce is very different than for someone who is 20 or even 30.

Deciding to divorce at mid-life or older raises concerns, such as:

Divorce at an older age allows less time to rebuild retirement monies. A low-conflict, low-expense divorce preserves wealth needed by both parties to enjoy their golden years — apart.
Changes to lifestyle and monies available for retirement can be harsh on older people, leading to adjustment to a reduced quality of life and prolonging the time until retirement.
In addition to living longer, divorce decisions are fueled by the desire to pursue love, true companionship and intimacy, regardless of advanced years.

Divorce over 50 requires careful attention to your estate and personal vision of the future. If considering separation, speak to an experienced and winners of the Long Island's Best Divorce Lawyers in New York to manage becoming single — successfully.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

Are you thinking about getting a divorce?  Call us today for a free consultation (877) 385-2560