For parents going through a divorce, going through the legal process can be very challenging. One way to minimize some of the stress and difficulty can be to work out as many issues as possible through an agreement with your spouse. Of course, it is almost always a wise idea to consult and retain an experienced New York child custody attorney before you agree to anything that may affect your rights or your relationship with your children.
Settlement agreements are generally enforced in accordance with whatever the couple put down on paper. However, what happens if you agree to live a certain lifestyle and practice a specific religion (or sect of a religion) but then experience changes in your life? That was the issue before the Appellate Division recently.
The spouses, Naftali and Chava, were a married couple who were part of a Hasidic Jewish community. The couple had three children together and, after six years of marriage, divorced. In a stipulation of settlement, the couple worked out the issues of child custody. The parents agreed to share joint legal custody, with the mother having primary residential custody.