Articles Posted in Family Law

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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 ›

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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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Parentskidpark-300x200Welcome back to another section of my recent guide about child support in family law and divorce cases. As you may well know, child support is a common concern for many parents, unmarried parents or those moving through a period of separation or divorce. It’s often important for the courts to determine how financial support should be issued to a child and their parent for the continued support of the children.

In this bullet-point guide, we’ve been covering some of the common issues that arise in child support cases. In this particular segment, we’ll be looking at the rights of stepparents when courts are making child support decisions, and the impact that a new boyfriend or girlfriend can have on a case.

If you have any questions about the issues covered here, please remember that you can find additional guidance elsewhere in the articles on my blog and website. Continue reading ›

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Parents-Walk-300x200For some time now, I’ve been using this blog as an opportunity to share valuable information about family law, child custody, and divorce with people who need guidance. With many years of experience working as a child support attorney and divorce lawyer in New York, I’ve answered a lot of questions in my time.

The blogs and articles here and on my website cover some of the complex topics that can arise during a divorce or when parents split in more detail, while these bullet-point guides take a more compact approach. Today, in the third issue of the child support guide, we’ll be looking at family law in New York, the Uniform Interstate guidelines, and the decisions that couples must make about child support.

Child Support Cases in New York

Continue reading ›

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ParentsReading-300x200Throughout the past year, I’ve been publishing a series of guides intended to support anyone who wants to learn more about the common issues that emerge in family law and divorce cases. This particular guide is a continuation of the Child Support series.

For this section of the guide, I will be looking at constructive emancipation, and what it means to child support requirements in a family law case.  There are certainly cases where the emancipation of a child might be deemed appropriate.  This will lead to a termination of child support in those instances. In this blog I will also be discussing the complexity of paternity in family law.

For the paternity part of this guide, we’ll consider what equitable estoppel means, and when DNA might not matter to legal decisions. Continue reading ›

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Negotiationpic-300x207Lately, I’ve been frequently adding new updates to my blog as part of a bullet point series on divorce litigation summarizing the more in-depth articles I posted over the years. These bullet point guides aim to offer a quick overview of some of the most common questions and concerns that emerge in litigation.

Though litigation is only one option when it comes to getting court orders or making agreements in a divorce process, it is a common choice, particularly when at least one of the sides of the case will not negotiate or mediate. However, there are a lot of rules and guidelines to be aware of before you move into the litigation process. Today, we’re going to be looking at residency requirements for a New York divorce, and whether it’s possible to withdraw a divorce in litigation. Continue reading ›

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Phone-call-300x216Currently, as I’m writing this blog, the Darren Shapiro Law and Mediation Office is still doing business, albeit since the governor ordered 100% of the workforce must work from home, I am working from home by phone, email, skype, zoom, and whatever works. Even before the order, we were taking as many steps as we can to protect our clients, and the people who come to us for help. This means not only ensuring that we follow all precautions for health and safety, but also supporting everyone adhering to social distancing guidelines.

Since it seems, for now, people need to avoid meeting your divorce attorney or mediator in person, but you still have options. For new clients, we have always, and will continue to provide initial consultations, with up to the first half hour free, that are available either over the phone, skype, zoom, or other digital means. If you want to discuss your case, you can connect with me over the phone, via email, or schedule an appointment for a video conference, we will make different arrangements work.

Dealing with Mediation and Litigation

Currently, divorce mediation can still be done via phone or video. We can initiate Skype videoconferencing, Zoom, audioconferencing, or possibly other sessions for people since we will not be able to attend a mediation session in person. This option has been used in the past by our office for those who were unable to attend meetings due to distance, work or travel commitments. Payments can also be collected via email, text, or over the phone. We can use encryption in emails to protect your personal data. Continue reading ›

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Changing your name in New York or Long Island isn’t always a complicated process. If you are a legal adult, then you have the right to change your name without a court order, provided that the legal name is not misleading. In other words if it will not perpetuate a fraudulent activity, or interfere with someone else’s rights it is usually approved. Adults in Long Island and New York also have the option to change their child’s name – however, in this case, the circumstances are slightly different. When an adult attempts to change a child’s name, then the courts need to consider a number of things, including whether or not the name change will be in the best interests of the child.

In any family law case that concerns a child in New York or Long Island, the courts will always use the best interests standards as the basis for their decisions. This basically means that the courts will attempt to make a decision that will not harm the child’s physical or mental status in any way. For instance, in a case I advised a client on, a mother requested for the Nassau County Supreme Court to change the surname of her child to include her name. In this case, the mother and father were not married but were once engaged. As such, she originally was not concerned about giving the child just the father’s last name as she intended to take on the same last name when they got married. However, the romantic relationship fell apart and the couple never got married. Therefore the child and the mother had different last names. The mother was the residential custodial parent. The mother felt that because the child was under her primary care, his name should reflect both the names of the father and the mother.

The father in the case above said that the petitioner only wanted to change the name to alienate the child from him. The respondent felt that the mother’s reason to seek a name change was based on a need for control. However, the court found that the proposed name change to a hyphenated surname was in the best interests of the child because it meant that the child could share the same last name as both his father and his custodial parent. The petitioner (mother) was therefore given permission to change her child’s name. Continue reading ›

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Newspaper-Publication-300x209If you’re an adult, you have the freedom to choose the name that you want to go by for yourself. You can even legally change that name according to the law if you choose to do so under most circumstances. As the parent of a child, you also have certain rights to make decisions for that youngster, including, perhaps, what they should be called. However, there are certain rules that need to be followed when it comes to things like name changes in New York and Nassau or Suffolk County Long Island. For instance, the public is entitled to know about any changes someone makes to their name, or the name of the child. That’s why the courts usually require the file for the request for a name change open and viewable to the public. Additionally, name change orders are also published in newspapers before they’re officially complete.

As I often tell my clients, changing your name, or the name of your child isn’t always as simple as just telling the court that you want a name to be altered. Usually, there’s a specific process to follow. For instance, a client will come to me and we draft a petition for a name change that can be submitted to the courts. If the court thinks that someone should be entitled to receive notice that a person’s name is changing, then they will make sure that the notice is delivered (such as a creditor or other parent of a minor child). If the court feels that all relevant parties have had the chance to make their objections heard, they’ll usually grant the name change without any further issue provided there is no reasonable objection to it. Continue reading ›

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Baby-and-Mom-300x200When a child’s parents are unwilling, unavailable or unfit to care for their children for any reason, another adult may be awarded either a guardianship of the children or custody of the children. Under New York family law, guardianship and custody are two related but distinct concepts, and the intersection of the two can be complex at times.

As a default rule, a child’s parents are awarded custody of their children. This includes physical custody (where the child lives) as well as legal custody (the right to make important life decisions for the child). However, in some cases, a child’s parents are either unavailable or unable to care for their children and an alternative caretaker must be established. Thus, custody in this context generally refers to a non-parent.

New York Guardianship

A minor child who is under the age of 18 and is not married must have a legal guardian. Once appointed, a legal guardian has the same power as a child’s parent to make decisions for the child.
Continue reading ›

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