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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 ›

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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 ›

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Law is an ever dynamic and changing field, which responds to evolutions in our society and the way we live. When changes occur to laws which may influence my clients, I attempt to offer an overview in the form of these blogs and articles, to assist in developing a deeper understanding.

Recently, changes occurred within the standards used to “indicate” a case in Social Services law. These changes were introduced within “Part R” of chapter 56 of the laws of 2020 – sometimes referred to as the “SCR reform legislation”. Among other alterations, the new law changes the standard of evidence which must be implemented when determining whether to indicate a report of child abuse or maltreatment.

The new standard adapts the rule from providing “some credible evidence” to providing “a fair preponderance” for evidence. Let’s take a closer look at the changes. Continue reading ›

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Kitchenfeeding-300x200It’s no secret that cases involving children are among the most emotional and complex in family law. There are many different things parents need to think about when not living with the other parent or beginning a divorce, from how they’re going to split the family home, to how they can manage parenting and custody time.

One element which can become confusing in some cases is how the “residential custodial” parent is determined in a case when there is equal parenting time distributed between both parties.  In the custody context, the residential parent would be the one that the child lives with most (residential custody being separate and independent from “legal custody” which refers to decision making authority for the child).  Notably, in the family law world, to count as a day living with one parent or another is counted according to the place the child sleeps and then wakes up the following morning on a given occasion.  In other words, it is measured by overnights with the child.  If both parents receive the same number of overnights with the child, and the parents both look after the child in their own properties, it can be difficult to determine which is the “residential custodial” care provider.  Although I have blogged about this topic before, it is worth looking at again, as shared residential custody seems to come up in more and more of my mediations, negotiated cases and even litigated matters. Continue reading ›

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Arms-Crossed-200x300There are various complicated concepts which apply to legal cases in matrimonial law. Courts must consider the various components of each case on an individual basis, as the situation surrounding those involved can make a huge difference to the order made.

One possible consideration which may emerge in some postnuptial, prenuptial, separation, and stipulation of settlement cases is the choice of law clause. This is a clause in the legal world which can influence decisions of which state laws should be applied to certain cases.

Here, we’ll be exploring the concept of the choice-of-law clause, and how various factors can make a difference to which state’s laws are applied to particular family law cases. Continue reading ›

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Kissing-Parents-300x200In a previous blog, we began discussing the basics of “Maltreatment” in cases involving children. The term “maltreatment” can be somewhat complex, as it often refers to a number of different acts which might put the child in the case in danger. Maltreatment might be identified as “negligence” or direct endangerment of the child. It could also apply to situations wherein a care provider has failed to properly look after a child in their charge.

Child maltreatment cases can emerge in everything from personal injury law, where parents or officials may make a claim against an individual for maltreatment, to family law, where a party may use a finding of child maltreatment to reduce a spouse’s exposure to a child.

To further define what “maltreatment” may entail in the legal landscape, particularly the world of family law and Child Protective Services investigations, let’s look at some cases wherein the courts of New York explored the issue in greater depth. Continue reading ›

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Young-Parents-1-300x207Since I began my focus in matrimonial and family law in 2004 and working as a child custody attorney, divorce lawyer, and mediator throughout New York and Long Island, I’ve discovered some cases are always more complex than others. Cases involving children, for instance, are often the most emotional for everyone involved. This is particularly true when the safety of the child is brought into question.

The duty of ACS, Child Protective Services or a court when dealing with cases involving children is to make sure the child in question remains safe and protected with the order provided.  For CPS investigations this might mean “indicating” someone for child maltreatment or filing a neglect case in family court. In a child custody and parenting time case this means when making orders around custody and visitation, the courts will consider all of the details of the situation surrounding the case carefully, to determine what outcome is in the “best interests” of the child.

A number of factors can contribute to a determination of a child’s best interests, including any evidence presented by an individual or party in the case, and the accusations made by plaintiffs during a child custody or divorce case. One particularly worrisome concept is when an individual is accused of “maltreatment” of a child. Continue reading ›

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Couple-Home-300x200Maintenance is a common consideration in many divorce cases, wherein extra support needs to be offered to a specific spouse. In many divorces, the less-monied spouse seeks temporary maintenance to help with the costs of getting legal representation and supporting themselves when the divorce is ongoing. At times both temporary maintenance and post-divorce maintenance (support given at the end of a divorce), can help to preserve a spouse’s financial wellbeing during the case and when a marriage is dissolved.

Any maintenance order given by the courts in New York, whether temporary, or post-divorce in nature, has the possibility of being retroactive. This means the party seeking support may receive payments owed backward from the moment they applied for this support. For individuals attempting to get back on track as quickly as possible, it’s important to ensure you’re getting access to all of the financial support owed.

Notably, temporary maintenance is not subject to the same advisory schedule for duration as post-divorce maintenance. Let’s take a closer look at the complexities of calculating maintenance arrears in the case of temporary maintenance. Continue reading ›

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Parentswithbaby-300x200Until recently, under New York law, a parent’s obligation to provide support to a child with a developmental disability generally ended at age 21. However, New York just joined 40 other states in enacting legislation that allows custodial parents of adult children with special needs to pursue child support after the child reaches the age of majority. For certain young adults with “developmental disabities”, child support may now go on to age 26. This can include child support for those that are still under 26 that were previously already deemed aged out.

The law applies to single parents of adult children over the age of 21 who (1) have been diagnosed with a developmental disability by a medical professional; (2) reside with the parent seeking support; and (3) are principally dependent on that parent for maintenance.

The newly enacted legislation uses the New York Mental Hygiene Law’s four-pronged definition of “developmental disability.” First, the disability must be attributable to (a) an intellectual disability, cerebral palsy, epilepsy, neurological impairment, familial dysautonomia, Prader-Willi syndrome or autism; (2) any other condition of a person found to be closely related to intellectual disability because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of intellectually disabled persons or requires treatment and services similar to those required for such person; or (3) dyslexia resulting from a disability otherwise satisfying this definition.
Secondly, the disability must have originated before the adult child attains age twenty-two. Parent-caregivers of children disabled after attaining the age of twenty-two cannot petition for child support under the new law. The third element of the definition is that the disability has continued or can be expected to continue indefinitely. Finally, to constitute a “developmental disability” for purposes of the new law, the disability must constitute a substantial handicap to the adult child’s ability to function normally in society. Continue reading ›

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Meditation-Coach-300x200Welcome to the last edition in our series of articles and guides on parenting time and visitation. Through the course of this series, we’ve talked about various factors which might be relevant when you’re making decisions about visitation and parenting time following a divorce.

Although all aspects of divorce can be stressful, choices made about the care of children are often the ones that cause the most complexity for many of my clients. Each parent may believe they are doing what’s best for the child when they ask for specific agreements and orders to be made. However, not all parents will naturally agree with each other about what should happen next.

In this segment of our parenting time bullet point guide, we’re going to be looking at the concept of mindfulness in child custody and parenting time arrangements, and what may happen if you decide to discuss visitation issues during mediation. Continue reading ›

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