A grey divorce, which refers to the dissolution of a marriage among couples aged 50 and older, presents unique challenges and considerations compared to divorces among younger couples. As the divorce rate in this age group continues to rise, it is essential to...
Your Family Matters
Family Law
How can addiction affect child custody?
Addiction is a disease that impacts many families across the United States. For couples with children who are going through a divorce or who are already divorced, the topic of drug and alcohol abuse might come up in discussions of how the disease impacts parental...
Common issues that complicate child custody
After parents call it quits on their marriage, child custody typically becomes contentious. Divorcing spouses experience conflict in the majority of cases. The following problems can worsen the situation. Everyone benefits from finding a resolution. Parenting...
Crimes that might warrant an order of protection
Protection orders are unfortunate but a necessary part of the New York legal system. If you recently went through a difficult divorce or breakup, sometimes the relationship devolves into abuse or harassment. According to WomensLaw.org, a New York order of protection...
Can grandparents petition for visitation in New York?
The relationship between grandparents and their grandchildren is precious and important. In many cases, grandparents not only provide love but emotional and financial support as well. Sometimes a divorce can overlook grandparents' rights. If your son or daughter's...
What you should know about protective orders
If your ex-spouse is harassing you or threatening your safety, you can apply for a protective order. A protective order legally restricts another person's contact with you. Courts order parties to refrain from contact in various situations, but the most common use is...
How can orders of protection help you?
Divorce is often a complicated and challenging process for all involved. Deciding to terminate a marriage and separate your life from your spouse can be daunting. Divorce is even more difficult for victims of domestic violence as they may fear angering their spouse...
Just the Facts: Respect
In this “Just the Facts” series, I’ve already covered Child Support, Custody Cases, and When Mediation Doesn’t Work. I’m now sharing the most powerful lesson — and also the simplest — for the final installment of this series: Follow the Golden Rule. Treat others how...
What Do I Do If I Get an “Indicated” Letter from Child Protective Services?
If you’ve received an “indicated” letter from Child Protective Services (CPS), you’ve already been through a horrific experience. A caseworker has probably come to your home to speak with your child outside of your presence. He or she has also probably spoken with...
Orders of Protection [VIDEO]
To get an order of protection in family court, you will have to prove two things: subject matter jurisdiction and the commission of a family offense.
To get an order of protection in family court, you will have to prove two things: subject matter jurisdiction and the commission of a family offense.
To prove subject matter jurisdiction, you must prove to the court that either you are related to the person against whom you’re seeking an order of protection by blood or marriage, that you have a child in common, or that you were in an intimate relationship. Please note how the law interprets an intimate relationship — a common misconception is that an intimate relationship must be of a sexual nature. The law specifically says that the relationship does not have to be sexual in nature to qualify as an intimate relationship. However, an intimate relationship is not “ordinary fraternization,” which basically means someone that you see around town regularly.