October 2018 Archives

Drug testing in divorce and custody cases

It is important to remember that addiction is a disease and not a matter of will or character. Nevertheless, an addicted spouse and parent can destroy a marriage and prove to be an unreliable or unstable force in raising children. Therefore, a spouse may want to request that a drug and alcohol test be administered during the divorce process or if there needs to be a modification of the parenting plan.

Different issues can require different types of mediation

Trained mediators usually help the sides find solutions in a collaborative manner as neutral third party. The two parties may engage in mediation on their own volition as part of a positive resolution of a no-fault divorce, or at the direction of the courts to resolve certain parts of the dispute before the court rules on other parts.

Custody tips for fathers

The courts generally lean towards some form of joint custody these days. However, nothing should be taken for granted during the divorce process, even if there is a verbal agreement. Moreover, the courts will not grant joint custody if it believes that joint custody is not in the best interests of the children. Reasons for this may be a previous history of addiction, dangerous or detrimental behavior, or threats to kidnap or illegally relocate children.

Undisclosed assets could impact post-divorce financial future

Divorce is a complex process, especially when there are significant assets and wealth at stake. High-asset divorces often involve disputes and contention regarding the appropriate distribution of wealth, and consequently, one spouse may consider hiding assets. Hidden assets lead to unfair and inequitable final property division orders. 

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Keith B. Schulefand, Esq.
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Williamsville, NY 14221

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