THE TERMS OF A CHILD CUSTODY AGREEMENT WILL BE ENFORCED IF THEY ARE IN THE CHILD’S BEST INTERESTS
CHILD CUSTODY & FAMILY LAWYER NASSAU COUNTY
Michael Stern, Esq., a New York Divorce and Family Law Attorney with over 33 years of experience suggests that some thought must be given to the proposed terms of a Child Custody Stipulation, because the Courts will only enforce those provisions that are in the best interests of the child.
In a recent case determined by the Appellate Division of the Supreme Court, Second Judicial Department, the Court was presented with a situation where a stipulation of settlement contained a mandate that the father refer to the child by his English legal name. Both parties were represented by counsel when the settlement was reached. The trial Court held a hearing on the issue and determined that the father was required to refer to the child by his English legal name. Apparently, the father conceded that he refers to the child by another name. On appeal, the Court found that this type of provision should be enforced as it was in the child’s best interests. The father was directed to refer to their child by his English legal name when addressing him, introducing the child to others, or when the father was in conversation with others with the child present.
During my long career, I have assiduously avoided drafting settlement agreements that are unenforceable. Accordingly, I give a great deal of thought to the terms of each agreement that I draft. It is better to overstate the terms of a Family Court or Divorce Settlement than to leave it up to the parties to sort it out later in contested post-judgment litigation. I strive to carefully draft agreements relating to issues of child custody, child support, the disposition of assets and apportionment of liabilities.
Focusing on the needs of the client and the results sought have always been a hallmark of my Long Island practice over the past 31 years. Feel free to contact me, H. Michael Stern, Esq. a Long Island Divorce and Family Lawyer, if you are interested in discussing your matrimonial, divorce or family law matter at firstname.lastname@example.org or by phone at 516-747-2290.
My Long Island office is conveniently located adjacent to the Roosevelt Field Mall ring road at 666 Old Country Road in Garden City, New York.
Written by, H. MICHAEL STERN, Divorce & Family Lawyer, Nassau County NY