Recent Posts in family law Category

  • What Happens If I Don't Respond To A Discovery Demand?

    || 22-Dec-2016

    If you fail to answer a discovery demand you could be precluded from entering evidence, witnesses or testimony at the time of trial. Always respond and always keep your discovery response as up to date as possible. If you do miss a discovery date file the documentation with the opposing party as soon as possible to avoid delays that could cause prejudice to the other side.
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  • What Is Discovery?

    || 15-Dec-2016

    As an attorney I am often asked "what is discovery?" This is the legal method of exchanging paperwork and documentation that will be admitted into evidence at the time of trial so no one is unfairly prejudiced at the time of trial with the admission of documents. In a family court case discovery cannot occur without court permission.
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  • Tip of the Week

    || 12-Dec-2016

    Always abide by a Family Court order of protection, as they are just as enforceable as criminal orders of protection. This means that violations of Orders of Protections in Family Court are punishable by imprisonment of up to seven years or being placed on probation.
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  • Family Offense Petition and Restitution

    || 30-Nov-2015

    Family Offense Petitions can often occur due to an individual causing property damage. These costs may be due to the destruction of a cell phone, furniture or medical costs that an individual incurs. Family Court’s have the ability to order an individual to pay restitution for these costs in an amount not to exceed $10,000.00. This is a fully enforceable order through the Family Courts due ...
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  • Termination of Parental Rights

    || 23-Nov-2015

    Can a parent’s rights to a child be terminated? The answer to this is absolutely. This most frequently occurs when an individual loses their child to foster care due to actions of neglect or abuse. Upon a child going into the foster care system a parent has 15 out of the most recent 22 months to have the child returned to them. At that point the Department of Social Services (or county ...
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  • Can An Incarcerated Parent Have Visitation?

    || 16-Nov-2015

    Incarcerated parents can apply to the courts for visitation with their children. The courts will make a decision based on the best interests of the children. Some of the best interests factors that may be looked at by the courts are: Where the parent is incarcerated (how far from the child)? Who is available to transport the children? Whether or not the children want to see the parent who is ...
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  • Same-Sex Marriage Legalized Nationwide by the Supreme Court

    || 13-Jul-2015

    The Supreme Court decision of June 26, 2015 is already being hailed as one of the biggest civil rights victories in our country's history. On that day, in a split 5-4 decision, the court ruled that the Constitution guaranteed the right to marriage for same-sex couples, effectively legalizing same-sex marriage nationwide. The decision sparked celebration among activists and LGBT communities all ...
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  • Dressing and Conducting Yourself for the Courtroom

    || 9-Jun-2015

    Whether our clients are facing a traffic violation, divorce, or a criminal charge, it is likely that they have little experience inside the courtroom. In fact, few people outside lawyers and judges do and it is normal for clients to wonder how to present themselves so that they do not further complicate their legal issue. How you dress and conduct yourself in the courtroom may seem beside the ...
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  • College Education for your children and your Divorce

    || 2-Feb-2015

    When people get divorced who have children they almost always address the issue of child support. However, an overlooked area is the issue of your child's college education and how that will be paid. As part of your divorce settlement an attorney should be including under most circumstances the percentages that each parent will be responsible for the college education costs of the children. ...
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  • The Dangers of Parental Alienation

    || 23-Jan-2015

    Parental Alienation is a newer concept for the courts. While many people claim alienation is taking place by one parent against the other, many times this is not the case. When alienation is really occurring it is a traumatic event in both the lives of the parent who is being alienated as well as the children. Both Mothers and Fathers are equally responsible for the acts associated with ...
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  • Relocation of Children

    || 15-Jan-2015

    Many people come to my office to discuss relocating with their child out of state and away from the child's non-custodial parent. While this can be difficult it is not impossible to do. The law essentially states that you cannot relocate with a child away from the non-custodial parent when that relocation will interfere with the non-custodial parent's access to the child. This interference ...
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  • Victims of domestic violence cannot afford to wait for help

    || 17-Jun-2014

    It's incredibly difficult for society to cope with the problem of domestic violence because the statistics are staggering. In New York's Dutchess County there were 4,455 domestic violence incidents reported and this resulted in 1,044 arrests. Despite actions being taken to reduce the number of incidents, it was still felt that there was a need to use what was called a lethality assessment ...
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  • Some feel New York surrogate laws are outdated

    || 25-Mar-2014

    There are some who would argue that New York laws as regard surrogacy have not kept up with existing technology. New York laws currently do not allow for contracts between individuals contemplating surrogate birth - nor does it allow for couples to offer compensation for surrogacy. One Assemblywoman has proposed legislation that would help spell out such agreements. Her legislation would also ...
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  • New York PINS program to now assist exploited young girls

    || 10-Feb-2014

    We've written in the past about the Persons in Need of Supervision program designed to deal with children that behave in a manner considered dangerous or out-of-control. New York lawmakers have now passed legislation that would allow courts the power to refer teenage girls with prostitution offenses to the PINS program instead of placing them in jail. This legislation is a part of a series of ...
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  • What is a PINS petition and how are they handled in family court?

    || 11-Oct-2013

    Ask any parent in the state of New York and they will tell you that being a parent is no easy task. Most parents encounter the usual amount of disobedience from their children with situations such as refusing to clean their room and talking back to a parent. But when this disobedient behavior escalates to skipping school repeatedly or physically abusing an adult figure, then that child quickly ...
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