Is an Order of Protection Right for You?

Divorce proceedings are never pleasant, but some divorces are worse than others. In some cases, it may be appropriate for one spouse to seek an order of protection, (a court order that restricts one person’s behavior in a certain way), usually by making them stay away from someone else (in this case, their spouse) or refrain from certain behaviors. Here’s what you need to know if you’re interested in obtaining an order of protection. Continue reading “Is an Order of Protection Right for You?”

When is Spousal Maintenance Appropriate?

When you’re stuck in a marriage you no longer want to be in, it can be easy to feel trapped, especially if your spouse is the primary breadwinner for your family. Even when divorce seems like a reasonable choice from an emotional standpoint, the potential expenses (such as legal fees), on top of the loss of shared income and marital property, can be a massive deterrent against seeking separation from your partner.  This is exactly why the law of equitable distribution, child support and spousal maintenance were created.

Continue reading “When is Spousal Maintenance Appropriate?”

How is Child Custody Adjudicated in Family Court?

One of the most contentious issues that can come up in any family court case is that of child custody. Obviously, most parents want to be involved in their child’s upbringing, but when the issue of child custody is being adjudicated, there are no guarantees. Moreover, anyone who isn’t familiar with family law may be confused about how a court comes to a determination about custody in the first place.

Continue reading “How is Child Custody Adjudicated in Family Court?”

Accused of Child Abuse or Neglect? Here’s What You Need to Know

Being accused of child abuse or neglect is a serious allegation that can have dire consequences. The outcome of a child protective proceeding can ultimately impact custody, visitation, related criminal matters, and, in some instances, the accused’s employment. If you are a mother or father who has been accused of child abuse or neglect, it is imperative that you seek the guidance of an experienced in the area of child protective proceedings.

Continue reading “Accused of Child Abuse or Neglect? Here’s What You Need to Know”

Adoption Requirements in New York

For many couples and single individuals, adoption may be the ideal option for starting or growing their families. According to the Adoption and Foster Care Analysis and Reporting System (AFCARS), as of September 30, 2017, there are 123,437 children and teens in foster care in the U.S. who are waiting to be adopted. 

Continue reading “Adoption Requirements in New York”

Child Visitation and the Holidays

The holidays are supposed to be times of joy, to be spent with loved ones, but when divorced parents try to determine who will enjoy parenting time with the kids, it can be a time of anguish and stress.

If the holidays come and both parents still cannot agree on custody and visitation, often the children caught in the middle of the verbal crossfire as the parents fight for time. Continue reading “Child Visitation and the Holidays”

Legal Protections for Gestational Surrogacy

An outdated law that prohibits the formation of parenting contracts and exchange of payment between a gestational surrogate and new parents is the subject of a repeal effort. The Consolidated Laws of New York: Domestic Relations law states in Article 8, section 123 that “no person or other entity shall knowingly request, accept, receive, pay or give any fee compensation or other remuneration, directly or indirectly, in connection with any surrogate parenting contract, or induce, arrange or otherwise assist in arranging a surrogate parenting contract for a fee, compensation or other remuneration.” This legislation has also prevented parents of a child born through artificial insemination and gestational surrogacy to establish a legal relationship as mother and father to the child.
Continue reading “Legal Protections for Gestational Surrogacy”

Divorcing with Pets

A divorce can be a complicated, litigious process that can change all aspects of your normal life. Everything from the house, children, and cars, among others, are considered. One aspect that some may overlook is the pets. The big question is, who gets the pets in a divorce?

There are many factors that go into determining which of the pet parents get to have custody of the pet. Some factors include:

  • Who spends more time with the pet;
  • Who feeds the pet;
  • Who partakes in veterinary care visits; and
  • Who brought the pet into the relationship, among others.

Continue reading “Divorcing with Pets”

Summer Vacations May Lead to Family Court

Summer is here and it may be time to plan a family vacation with your children. However, many separated or divorced couples may face some challenges when it comes to agreeing on a time frame or destination of travel with their former spouse or soon to be ex.
Continue reading “Summer Vacations May Lead to Family Court”

Obtaining an Order of Protection as the Victim of Domestic Violence

Orders of protection can be obtained by a person who feels that another individual has committed a crime or a family offense against them. They are typically issued by a judge in Family Court when a victim of domestic violence feels threatened or has been hurt by his or her abuser. An Order of protection can be an important tool in providing safety to victims and offer legal protection by the Courts and/or the police if the abuser comes in contact with or threatens the victim in violation of the terms of the order of protection.
Continue reading “Obtaining an Order of Protection as the Victim of Domestic Violence”