Articles Posted in Family Law

Swearing-In-300x211Even in situations where relationships end amicably, a divorce can be tricky to navigate. Marriage is more than just a word or a piece of paper, it’s a legal contract which binds the lives of two people together in a variety of different ways. During a divorce, attorneys, the parties involve, and the courts need to find a way to untangle the binds of a marriage, in a way that’s fair and just.

While some couples are able to reach agreements on things like equitable distribution and spousal maintenance through mediation sessions, many other cases end up in a court room. In most cases, a professional divorce attorney will utilize a number of tactics and tools to present the argument of their client in the best possible light to the judge in question.

One of the core tactics involved in many divorce proceedings, involves crafting a succinct, informative, and engaging opening statement. This statement both introduces the court to the case, and provides context into the requests being made by a specific party. Continue reading ›

Caucus-Session-300x200Legal matters are complex in virtually every aspect of law. It is preferred to deal with a legal professional that has had years of training, experience and education to prepare them for your case. In the family law space, which governs cases surrounding divorce, child custody, child support, family offenses and other issues, legal professionals are also an important tool in separating yourself from the case emotionally, so you don’t make rash, dangerous decisions.

The complexity and emotional elements of family law mean most will advise against representing yourself in a separation or divorce case. Working with a family law attorney will give you access to important guidance, experience, and support when you need it most.

Most people will either hire a lawyer themselves, or have an attorney assigned to them in a case where a fundamental right such as freedom, parenting time, or custody is at stake. However, there may be other options available for those who simply can’t access professional counsel in a situation where the finances are not there to hire an up-front representative or to have a lawyer assigned to represent them. Continue reading ›

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

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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 ›

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