The Difference between Family Court and Criminal Court Orders of Protection in New York An order of protection is an official document issued by the court with the intention to limit the behavior of someone who has been alleged to harm or threaten another person. These orders are used in…
Best Interest Standard In many legal matters, the focus of a court is often into the past of the parties involved in an attempt to resolve the issues. On the other hand, in a custody case, the court attempts to perceive the future and predict which parent will provide a…
In a previous blog post, we touched upon issues of discretion of judges and other triers of fact (referees, judicial hearing officer and support magistrates), and the ways in which parties in a legal proceeding, and their attorneys may have the ability to shape the decision of a judge or…
When dealing with issues of family law, there are often many considerations to take into account, from the goals that you are hoping to achieve, to the appropriate steps you must take, the way you should present your case in court, and the factors that could diminish your chances…
Family Court In New York If you find yourself in a position where you need to deal with a family law matter, then you may end up presenting your case at the Family Court in your local county. Venue is usually proper in a County in which one of the…
What happens in a divorce when someone fails to make financial disclosure or financial disclosure in divorces? Parties to a divorce in New York are entitled to complete financial disclosure by the other side. There are a number of ways for a divorce lawyer to obtain this disclosure. Usually one…
Legal name changes are an important topic for transgender individuals. Today, the world has begun to grow increasingly aware of individuals who identify as transgender. Those who recognize themselves to be transgender do not confirm unambiguously to the conventional notions of female and male gender roles. According to Kidshealth.org, when…
Preparing for Divorce Mediation Hopefully your mediation won’t look like this picture (at least because the mediator should be in the picture too), but following these suggestions might help for a smooth process. For some people, mediation will be the preferred legal process that they can take to access the…
Challenging an Indicated Finding by Child Protective Services If you ever discover yourself within a situation wherein you have been made the subject of a report made to the New York Child Protective Services or Administration of Children’s Services (CPS/ACS), it is important to ensure you know your rights. Although…
Approaching and Understanding the Emotional Aspects of Divorce In the materials from my mediation training at the Center for Mediation and Training (which this blog article summarizes and is based upon), and as my years of practice as a matrimonial attorney and mediator confirmed, I learned there are the following…