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?”

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.

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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An outdated law that prohibits the formation of parenting contracts and exchange of payment between a gestational surrogate and new parents is the subject of a repeal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.
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Types of Adoption

When an individual or couple decides to adopt a child, it can be an emotional and exciting time. Many find themselves conflicted over what type of adoption is best for them and their family. Each family’s needs are unique and there are various adoption methods available to meet those needs under the law. Those looking to adopt a child should seek the guidance of a New York adoption lawyer who can help them find out which adoption type is best for their family and guide them through the adoption process.

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Couples Married by a Friend or Family Member May Not Have a Valid Marriage

A trend that has risen in popularity along with that of the Internet is for a couple to be married by a friend or family member rather than an official clergyman. These friends or family members obtain the qualification to marry a couple by applying online. Most of the time, the free process takes less than five minutes and allows that person to begin performing marriages immediately. The appeal that draw couples toward the decision of having a family member or friend officiate the marriage is that it allows for a more intimate, personal, and religiously-neutral ceremony.
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