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Articles Posted in Family Law

Female-Judge-300x200The complex nature of family law or divorce proceedings means cases rarely go as smoothly as one might hope. While working with the correct divorce or family law attorney can help to make the process more straightforward, there are still cases wherein one party might strive to make the situation more difficult for the other.

In some instances, the actions of a party in a divorce proceeding, family law case or after a Judgment of Divorce has already been granted, may drive the other to seek an order charging the ex-spouse with “contempt.” This action highlights the decision of the party held in contempt to ignore court ordered requirments, or act inappropriately in a case. Continue reading ›

ParentsBeach-300x200When parents separate or divorce, the law is designed to try to ensure the parent with physical custody over a child or children has access to the right resources to raise the child according to the incomes of each parent. Child support is one of the most common issues which needs to be addressed in a case involving children.

While there are various factors which can come into play when determining who should be responsible for providing child support, and how much support needs to be given, there are also specific guidelines in place to help with the calculation of appropriate levels of child support.

As I often advise my clients, New York law does provide a formula which helps the court to determine an appropriate level of child support. This formula allows for deviations to happen according to the specific needs of the case. Continue reading ›

Kitchenfeeding-300x200The law is designed to be a changeable concept, ready to adapt to our evolving perceptions of justice, and fairness. As the world has continued to evolve in the last few years, and communities around the world have begun demanding further recognition and acceptance of a person’s individual identity, the law has had to adapt accordingly.

In 2021, a new set of regulations began to roll out in New York, regarding Gender Recognition and Name Changes. This update, known as the “Gender Recognition Act” is continuing to have an impact on the way people can legally identify themselves in the eyes of the law today.

On this blog, I’ve already discussed some of the changes implemented by the Gender Recognition Act, and what they might mean to name changing law. Today, I’ll be looking a little closer at the mechanism provided by the Gender Recognition Act for New Yorkers petitioning to have the courts change their official sex designation.

Updating Gender Identity in the Eyes of the Law

Continue reading ›

ParentsJeansKids-300x200Name changes are an important part of the family law landscape which can apply to a wide range of cases. There are various instances wherein a person might decide to change their name, their identity, or even their designated gender identifiers in today’s modern world. With the introduction of the new Gender Recognition Act, New York’s laws governing name changes have been updated and revamped.

The new guidelines, signed into law on June 24th, 2021, allow Transgender and non-binary residents of New York to have the documentation they need to accurately represent their gender identity. The act also ensures individuals seeking these forms of identification can access the right forms of protection.

If you’ve been looking into name change law or are considering changing your name in legal documentation to represent your gender identity, the following insights might prove useful. Continue reading ›

Closeupfamily-300x200The law is a changeable, dynamic, and ever-evolving concept. As our lives change, and the way we define “justice” becomes more refined, our legal guidelines continue to transform. This is why it’s so important to ensure you’re up to date with the latest versions of different laws in your state when you’re in the midst of or beginning to start a family law case.

If you’ve visited this website before, you’ll know I regularly use my blogs and articles as an opportunity to explain some of the laws which may be relevant to my clients. This sometimes involves offering an introduction to meaningful changes in certain legal guidelines.

Today, we’ll be looking at the “Gender Recognition Act”, a legal act which was signed into law officially on the 24th of June in 2021. This new Act has a significant impact on the legal processes surrounding the changing of a person’s name and gender marker. Continue reading ›

ParentsJeansKids-300x200Welcome back to another addition in our series of Parenting Time bullet point guides. These guides aim to give you a quick and easy insight into some of the most important parts of parenting time, visitation, and accompanying concepts in family law.

For today’s segment, we’ll be looking at the issues that may arise when someone not classed a “traditional” parent might seek visitation time opportunities. Specifically, we’ll be exploring concepts like same-sex couples, biological strangers, and the rights of stepparents.

As always, there are plenty of additional blogs and articles on my website if you find yourself in need of more guidance. Continue reading ›

Piggy-back-200x300There are many complicated components of family law to be aware of when you’re pursuing a divorce or separation, from equitable distribution to spousal and child support. For many parents and families whether never married or going through a divorce the biggest worry of all will be around the decisions that must be made regarding parenting time, and visitation schedules.

Most every parent wants to ensure they have enough time with their child, to do their part in raising that youngster to adulthood. Following on from my serious of bullet point guides about divorce, child support, and orders of protection, I’ve decided to create this guide to parenting time to help anyone in search of quick and easy information about parenting time issues.

In this segment of the guide, we’ll be taking a look at visitation schedules, and how they can vary drastically from one family to the next. Continue reading ›

Couplechildfight-300x200Welcome back to another issue of our Order of Protection series. This series of bullet point guides aims to tell you different tidbits to know about orders of protection, and how they can affect your life when dealing with family as defined in the law which could be blood relatives or people that are or have been involved in intimate relationships. In the past couple bullet guides, we’ve discussed things like temporary orders of protection, and how important orders of protection can be in custody orders.

Today, we’re once again looking at the affects that orders of protection can have on children. In this part of our Order of Protection series, we’re specifically addressing testimonies made by children in order of protection or family offense cases.

If you have any questions about the issues addressed here, please don’t hesitate to reach out to our office to schedule your initial consultation (up to the first thirty minutes is free) or read through some of our other blogs for additional guidance. Continue reading ›

For a while now, I’ve been working on bullet point series on my website as a way of delivering usefulCouple-fight-tie-300x227 information about family law in an easy-to-consume format. Recently, I finished a serious on child support. Today, I’m starting a new series which will revolve around orders of protection and family offenses.

Orders of protection are an important component of family law, and something that is available to “family members”, which could include not only related people but those that are or were in intimate relationships or have a child or children in common.  Sometimes they come up in divorce cases as well.  However, just like many aspects of family and divorce law, the order of protection can also be a little tricky, and at times challenging to get your head around.

Today, we’ll be looking at temporary orders of protection, or pendente lite orders in a divorce. We’ll also be discussing the concept of surveillance and whether the use of a PI violates an order of protection. Continue reading ›

ParentsJeansKids-300x200All aspects of family law can be complicated.

Divorce, even when it’s decided upon mutually by a couple, is a complex process that involves separating two deeply connected lives. In many cases, divorce doesn’t just affect the spouses involved, but the children that came from the marriage too.

When children are involved in a family law case, the number of issues to be addressed increases significantly. Not only do you need to consider equitable distribution, and spousal maintenance, but you may need to consider child custody and child support too.

This bullet point guide on child support aims to address some of the issues that parties encounter during a divorce and child support case. In this segment, we’ll be looking at what happens when a child support order is violated, and when orders can be modified. Continue reading ›

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