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Long Island Family Law and Mediation Blog

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What Are the Automatic Orders in a New York Divorce?

During a divorce in New York, there are a number of subjective steps that may be taken to pursue the best interests of a specific party. However, at the same time, the presence of the New YorkDomestic Relations Law in any divorce taking place throughout New York and Long Island…

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Restraining Orders and Orders of Protection in New York

Restraining Orders for protection of a person in New York Family Law are called Orders of Protection. It’shelpful to know the proper legal names under each state of what it is people are seeking.  Restraining order and orders of protection (aka protective orders), for example, can mean different things. Orders…

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Paternity, the Presumption of Legitimacy and Equitable Estoppel

In cases of paternity in New York,  a child that was born during marriage is legally presumed to be abiological product of that marriage, and this presumption historically was one of the most persuasive in law. However, it’s important to note that this presumption is still subject to the sway…

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When is it Appropriate for A Court to Order Joint Legal Custody?

In the courts of New York and Long Island, as well as legal institutions throughout the world, it’s notuncommon for legal terminology to leave parents confused when it comes to matters of custody. Indeed, in some cases, parents or guardians may be left feeling uncertain about the level of custody…

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When Can New York Grandparents Request Child Custody?

In Suarez v. Williams, the New York Court of Appeals, the highest court in New York state, very recently considered a child custody dispute between a child’s mother and paternal grandparents. The child in question had lived with his paternal grandparents between the ages of 10 days old and nearly 10…

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Divorce Mediation Styles in New York

There are different ways to handle a divorce in New York, including mediation, litigation, and collaborative divorce. How the divorce is handled can substantially affect the outcome and cost, but there are pros and cons to each approach. Divorce mediation is a popular form of alternative dispute resolution. Mediation involves…

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Family Court Support Magistrates and Written Objections

Family Court Support Magistrates and Written ObjectionsThere are many complex nuances to consider when evaluating the hurdles and complications of family law – including cases that involve child support and spousal support. Typically, cases of support, are initiated when petitions are filed with your local New York family court, except divorces,…

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Is a Divorce Mediation Settlement Binding When a Lawyer was not Consulted?

Divorce mediation in New York is a voluntary settlement process used by spouses who wish to divorce. The process is facilitated by a mediator who works with both spouses to negotiate a settlement that both parties can live with and that is in the best interests of the family. The…

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Can Sibling Children be Split Apart When All Have the Same Custody Wish?

The short answer is yes, if the best interests of the children suggests different parents should have custody, as the recent Long Island case summarized below illustrates.  Child custody battles everywhere, as in Nassau County, New York can be extremely difficult, both for the parents and for the children. If a couple is…

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Deviations in Divorce Judgments in Child Support, Maintenance and Equitable Distribution

Parties are free to agree upon what is fair for child support, equitable distribution, and maintenance when they negotiate their own divorce terms though mediation, settlement negotiations or collaborative cases. In litigated cases, in general, when it comes to making determinations during a divorce case about issues such as child support,…

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