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by josephnivin 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 you want to be treated and also insist that your needs, and those of your child, are respected. Remember that your children will always see your behavior as acceptable, so don’t do anything that you’d tell your children not to do. Treat your child’s other parent the way that you would expect someone else to treat your parents. This doesn’t translate into, “be a doormat.” Just don’t let anyone make you do things that make you feel ashamed of yourself. If you find yourself in court, make it as boring as possible. Don’t throw stuff at the wall and hope that something sticks. The less that’s going on, the cheaper and less stressful the process will be. That’s because there will be fewer issues for the attorneys to fight about, and as a result, fewer issues that you’ll have to pay your attorney to fight about.  It will also mean fewer court appearances to attend because there will be fewer issues that the court will have to handle. If you’re the custodial parent and the other parent simply will not support your child without a court order, then go to court. If you have an order of support, and the other parent doesn’t pay it even though they can, then go to court to enforce the order. People do not have the right to ignore their obligations to support their children. If you are in a situation where the other parent is not cooperating with you, then an attorney can help you to minimize the animosity, the emotional toll, and the expense of litigation. If you are fortunate enough to have a co-parent who is willing to work with a mediator, then attorneys can advise you during the process, help you to resolve issues of custody and support without litigation, and work with you to minimize the risk that you will have to go to court in the future. I wrote this “Just the Facts” series from my heart. I care deeply about families and aim to help them with their conflict. I hope this series has eased concerns or answered questions you may have had. Do you have any other questions or concerns about your family matter? Please do not hesitate to contact my office at (347) 642-0376 or schedule a consultation via our website.

by josephnivin How to Fight an “Indicated” Finding from Child Protective Services (CPS) Receiving an “indicated” letter from Child Protective Services (CPS) can be a distressing experience. This means CPS has concluded its investigation and determined there is credible evidence of child abuse or neglect. If you've received such a letter, it's crucial to take immediate action to challenge the finding and protect your future. What an "Indicated" CPS Finding Means An indicated CPS report can have serious consequences, including: Employment Restrictions: It may prevent you from working in child care, education, or other professions involving children. Adoption & Foster Care: You could be disqualified from adopting or fostering children. Immigration Status: It may negatively impact your immigration applications or status adjustments. Custody Disputes: A CPS finding can be used against you in a child custody battle, affecting your parental rights. more Understanding CPS Investigations CPS investigations typically begin when a report of suspected child abuse or neglect is made. The investigation process may include: Interviews with the child, parents, and other household members. Home visits to assess the living conditions. Review of medical, school, and daycare records. Consultation with professionals such as doctors, teachers, and social workers. CPS can reach one of the following conclusions: Unfounded: No credible evidence of abuse or neglect was found. Indicated: There is some evidence supporting the claim, though it does not necessarily mean a criminal charge. Substantiated: The evidence strongly supports abuse or neglect, which may lead to further legal action. Steps to Challenge an "Indicated" CPS Finding If you've received an indicated letter, you have the right to appeal the decision. Here’s how we fight for you: 1. Request an Amendment The first step is to request an amendment from the State Central Register (SCR) to change the finding to "unfounded." While this request is often denied, it is a necessary step in the appeals process. 2. Request a Fair Hearing If the amendment request is denied, your case will be sent to the Bureau of Special Hearings. At this hearing: CPS must prove that abuse or neglect occurred. We will present evidence and witness testimony to challenge their claims. If we demonstrate that the allegations do not pose a risk to children, your record can be sealed, preventing it from affecting your employment or personal life. 3. Take Proactive Steps While waiting for your hearing, it may be beneficial to complete parenting classes, counseling, or other services that demonstrate your commitment to child welfare. Even if CPS proves its case, we can argue that past incidents do not make you a present or future risk to children, strengthening your appeal. Your Legal Rights During a CPS Investigation As a parent or guardian, you have rights during a CPS investigation, including: The right to be informed of the allegations against you. The right to refuse entry to your home without a court order. The right to consult with an attorney before speaking with CPS. The right to request copies of records related to your case. Understanding and asserting your rights can make a significant difference in the outcome of your case. How an Indicated Finding Affects Different Aspects of Life Beyond employment and custody disputes, an indicated finding can: Affect professional licenses for fields such as healthcare and social work. Limit volunteer opportunities at schools, churches, and community organizations. Remain on record for years, impacting future background checks. Success Stories & Case Examples Many individuals have successfully fought and overturned an indicated CPS finding. For example: A mother falsely accused during a contentious divorce was able to have her record cleared after presenting evidence that the allegations were unsubstantiated. A daycare worker faced allegations from a misunderstanding but successfully appealed with strong character references and legal representation. A father wrongly accused due to a misinterpretation of discipline practices had his case overturned through expert testimony. FAQs About CPS Indicated Findings Q: Can an indicated finding be expunged? A: Yes, if you successfully appeal the decision or after a certain period, depending on state laws. Q: How long do I have to appeal? A: The deadline to request a fair hearing varies by state but is typically within 90 days of receiving the indicated letter. Q: Do I need an attorney to fight an indicated finding? A: While not required, having an experienced attorney significantly increases your chances of successfully overturning the finding. Why Choose Us to Fight Your CPS Case? I have firsthand experience working as an attorney for the Administration for Children’s Services. My background allows me to anticipate CPS strategies and build a strong defense for my clients. I understand the legal system inside and out, and I am committed to helping you clear your name and move forward. Schedule a Free Consultation Today If you’ve received an indicated letter from CPS, don’t wait to take action. Call my office today to schedule a free 30-minute consultation. Let’s discuss your case and start the process of clearing your name. Contact Us Now! dule a free half-hour consultation. Joseph H. Nivin, Esq. The Law Offices of Joseph H. Nivin, P.C. (347) 642-0376 118-35 Queens Boulevard, Suite 1220A Forest Hills, NY 11375 The Chanin Building 122 E. 42nd Street, Suite 2100 New York, NY 10168

by josephnivin 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. Once you’ve proven subject matter jurisdiction, the next thing to prove is that the other person committed a family offense. A family offense is a crime or violation, and the list of penal law violations that qualify as family offenses are listed in Family Court Act Section 812. The Case Will End with a Settlement or Trial Settlement: If the respondent (the person you’re seeking the order of protection against) agrees to an order of protection for a short amount of time (6-12 months for example), then settling the case can reduce their risk of being subject of a lengthier order of protection. This would also relieve you from having to prove your case at trial. Trial: If the respondent will not agree anything that you’re willing to accept, there will be a trial in which you will have to prove that there is subject matter jurisdiction and that the respondent committed a family offense. What Happens at Trial? You will testify. Your attorney will ask you questions about what happened and, if the respondent has an attorney, then they will ask you questions as well (i.e. cross-examination). If there are other witnesses, they will be questioned by both sides. Evidence will be presented. Evidence can come in the form of text messages, photographs, or anything else that helps prove your case. Once your case has been presented, the respondent’s case will be presented in the same manner as yours. With both sides presented to the court, the Court will determine whether or not you (a) proved subject matter jurisdiction and (b) that the respondent committed a family offense. What Happens After a Trial? If you win, the court can do two things: The court can issue an order of protection. Usually, the lengthiest order of protection that can be issued is two years. However, in the most severe cases, if there are aggravating circumstances, you could potentially get an order of protection for up to five years. The court can also suspend judgment, meaning certain orders can be issued against the respondent for a period of up to six months. If the respondent follows those orders, then the case is over. If the respondent does not follow the orders, then you can go back and ask for another order of protection. Additionally, in rare circumstances, the court can put the respondent on probation. If you get an order of protection, and it expires, then you can come to court and ask for an extension. The court will decide whether or not to grant it. Every case is different. If you have any questions about your particular order of protection case, please call my office at (347) 642-0376 or visit my website at www.nivinlaw.com. Joseph H. Nivin, Esq. The Law Offices of Joseph H. Nivin, P.C. (347) 642-0376 118-35 Queens Boulevard, Suite 1220 Forest Hills, NY 11375 The Chanin Building 122 E. 42nd Street, Suite 2100 New York, NY 10168

by josephnivin Myth #1 – Divorce Attorneys Are Really Mean A former judge said it best when he told me that I will get further with honey than with vinegar in almost all cases. I, like any other reputable family law attorneys, am not habitually mean. We act in a professional manner to make sure that the families we serve conclude their cases with the best possible conclusions. Will we stand up for you if the other party is lying and/or trying to take advantage? Absolutely! But we will do so in a respectful and professional manner, and will not simply scream and yell. Myth #2 – Family Court Is Just Like Judge Judy You may envision high drama when thinking of family law cases. Do you see dirt thrown from either side of the courtroom, the judge yelling, and then making a decision? That is NOT an accurate picture of the way it works. There are two ways that a contested family law case can end. The first way is through a settlement, where the attorneys help you come up with an agreement about the issues. In this situation, it is you, rather than a judge, making these important decisions about your family’s future. The second way is through a trial. In a trial, both you and your soon-to-be-ex present evidence and witnesses, and then the judge makes a decision based upon what is presented in court. Fact: Trials Can Be Very Lengthy Trials can take a long time because there are many pieces to a trial and a lot of steps to take. Before many trials, there will be discovery, where both sides present documents to the other side. In this way, both sides are informed about the evidence in the case and the judge has the information that he or she needs to make these important decisions. Before a trial, conferences will be held. The conferences are held at court, where the attorneys will meet with the judge or an attorney that works for the judge, in an effort to settle the case. Do you have any questions about your family law case? Please call us at (347) 642-0376. Every case is unique. Give me details about your case so I can help you take the best course in your particular matter. Feel free to review my website for more information before or after we speak. I look forward to helping you. Joseph H. Nivin, Esq. The Law Offices of Joseph H. Nivin, P.C. (347) 642-0376 118-35 Queens Boulevard, Suite 1220 Forest Hills, NY 11375 The Chanin Building 122 E. 42nd Street, Suite 2100 New York, NY 10168

On Behalf of The Law Offices of Joseph H. Nivin, P.C. As a family divorce lawyer, people often ask me whether I’ve learned lessons about how to make marriage work. They’re asking the wrong question. The decision to get divorced is personal and one that anybody can end up making. The more important question is: If you decide to split from your spouse, what will the divorce look like? Will it be financially and emotionally devastating? Or will you be able to move on, heartbroken, but otherwise intact, and capable of co-parenting your children with your ex? If you follow the lessons listed below, than you’re far more likely to fall into the second category. Be a support, not a weight around your spouse’s ankles. The nastiest divorces involve custody battles. The last thing that you want is for your spouse to ask her attorney, “Why’s he interested in the kids all of a sudden?” Start being involved now. You don’t have to defend every single point in every single argument. The only way to reduce fees in your divorce is to come to an agreement on as many issues as possible. If you fight over everything, then your divorce will be very expensive. If you pick your battles, than you will save both money and energy. Just because it’s legal doesn’t mean it’s right. During hotly contested custody cases, clients often ask me, “Do I have the right to do X?” This often leads to the following response from me: “There’s no law on the books against it, but. . .” The client may listen, and save him or herself a lot of angst. Or the client may interrupt and say, “All I want to know is whether I have the right to. . .” That client isn’t doing him or herself any favors. Example: Don’t have your new significant other sleep in the same house as your children without talking to your ex first, just because it’s “legal.” You can’t impose rules on children when you’re fighting with the other parent. Children can be raised with rules even when the parents don’t like each other. However, if the parents are constantly trying to undermine each other, then it’s impossible. No matter what, be on the same page when it comes to your expectations of your children. Make sure your kids know it. Don’t screw around with the money. If you think you’re smart enough to hide money before your divorce, you can bet that your ex’s divorce attorney will be smarter. If you cry poverty, the Court won’t believe you, even when (not if) your crying becomes real. Example: It’s not a good idea to tell your boss to take you off the books just in time for your divorce. If you’re self-employed, be Dudley-Do- Right. Every divorce attorney knows how to discredit a business owner’s self reported income. Make sure that everything paid out of your business account has a legitimate business purpose. Keep track of what you pay yourself, and report that “actual” personal income when you fill out court documents. Do the same on your tax returns, as they will be exchanged during your divorce. If you think you might be getting divorced, do your taxes. If you’re in the middle of getting divorced, do your taxes. Your finances can’t be a mystery when you’re getting divorced. For self-employed people, see #6. Don’t be underhanded with your children. You’re going to get caught. Even if you walk out of court thinking that you’ve proven me wrong, just wait. Karma is real. Don’t try to provoke your spouse to act crazy and then start recording. Don’t interrogate your children and record them making allegations. People who do these things never turn out well. Both you and your spouse will always have influence when it comes to your children’s upbringing. The exceptions are extreme: if your spouse abandons the children, goes to prison for a long period of time, or is severely abusive or neglectful. Even the best lawyer can’t just “tell the judge” to send the kids to your family every year for Christmas. Neither you nor your ex will get to “call the shots.” Put common sense before fairness. Yes, in a court of law, there should be fairness. However, when there is a choice between the two, than common sense takes priority. These issues arise when deciding who is responsible for picking up and dropping off children for exchanges between the parents. When making these arrangements, parents are well– advised to focus on what makes the most sense, and not insist upon sacrificing logic just to split the burden 50/50. Nobody can guarantee the future on their wedding day. However, if you’re getting divorced, then follow these simple rules. You’re much more likely to come out okay in the end. Disclaimer: The suggestions in this article do not apply to cases where there is serious domestic violence, child abuse, serious neglect, or parental alienation.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. A lawyer who focuses on family law has experience in issues of divorce, child custody and visitation, child support and spousal support, parenting plan modifications and relocation. If you’re having family issues that require court involvement, it is highly recommended that you consult with  a family lawyer. Important Questions to Ask a Family Lawyer How long have you practiced family law? Have you handled a case before like mine? How long does it take for you to return calls or emails? Will anyone else be working on my case? Is your billing hourly, retainer or a flat fee and what’s included? Can you provide an estimate for my case? If you’re thinking about divorce, you should consult with a divorce lawyer. A knowledgeable and skilled family lawyer can defend you in a divorce case. A family lawyer can also represent you in Family Court. In addition, a family law attorney can negotiate on your behalf and draft important legal documents such as court petitions. Remember that choosing a skilled family lawyer is an investment in your future. You’ll need an attorney who can get you the results that you need to obtain the best possible future for you and for your family.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. There are many benefits of adopting a child and starting or expanding a family. This often is a great time in the lives of many, however emotions aside, there is a process that needs to take place when making decisions for the child. Here is a short guide about private placement adoption in New York. The adoption process terminates the parental rights of a child’s parent(s) and allows the adoptive parent to become the legal parent. The adoptive parent will receive a court order that names the adoptive parent as the child’s legal parent. An adoption attorney will draft and review contracts while working with the adopting and biological parents as they navigate the adoption process of a child or a step-child. In New York, there are a few types of adoption. Some adoptions happen when a child is removed from his or her home by child welfare services and placed into foster care. The foster care agency is responsible for the child, and depending on the situation, the child can be adopted by the foster parents. Two types of private placement adoptions. When the parent gives up his or her child to a private adoption agency. The adoption agency is responsible for the child, and works to find adoptive parents who will adopt, love and care for the child. A parent may be going through a tough time and cannot provide for the child, so the parent decides to place the child with family members, such as grandparents, aunts, uncles, or siblings, instead of putting the child through foster care. Other times, a parent may have passed away, and another family member decides to step in and care for the child. Lastly, a stepparent may adopt a stepchild. A family lawyer will file the adoption either in the Surrogate’s Court or in the Family Court. The process also involves a home study conducted by a social worker. Affidavits from the adoptive parent must also be drafted that state the adoptive parent’s relationship to the child. Fingerprints for a background check are also required for adults who live in the household of the adoptive parent. Adopting a child can be a tedious and time-consuming process and can take from 6-12 months. But, the end result is a joyful beginning for the child and their adoptive parent. If you are need legal assistance regarding an adoption, please contact The Law Offices of Joseph H. Nivin, P.C. to make the adoption process as smooth as possible! Source: Private Placement for Adoption in New York, http://mobilizationforjustice.org/wp- content/uploads/Private-Placement-Adoption-in-NY.pdf

On Behalf of The Law Offices of Joseph H. Nivin, P.C. There are two sides to a restraining order; either you’ve been served or you want to file a restraining order against someone. Here are a few recommendations from an experienced attorney. You want to file a restraining order. What do I do next? Restraining orders are common in divorce and child custody cases. “The first step is to obtain a temporary restraining order if you or your child is a victim of domestic violence, harassment, stalking, physical or sexual abuse,” says attorney Joseph H. Nivin. “We will submit a family offense petition to the court in order to receive a temporary order of protection until the case is resolved.” You’ve been served with a restraining order. Now what? “A restraining order is a serious matter and can mean jail time if you are found to have violated it,” says Attorney Joseph H. Nivin. To avoid damage to your reputation and to your relationship with your children, it’s important to move quickly. A lawyer can fight false allegations made against you, build your case and defend you in court.In either situation, it’s best not to have any contact with the person you are filing against or the individual who has wrongly accused you, unless it is absolutely necessary to arrange for parenting time, to discuss the children’s well-being, and most importantly, only if the terms of the order of protection permit you to have contact with the other party. If the other party invites you to violate the order of protection, i.e. come over to his or her home if the order of protection prohibits you from doing so, don’t do it.  The cops will arrest you even if the other party gave you permission to engage in behavior that violates the court order. See list of types of restraining orders and more info.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Your next steps to fighting an “Indicated” report from Child Protective Services are critical. Child protective services investigations are frightening and humiliating. It adds insult to injury when, after an investigation, you get a letter saying that the report was “indicated.” This means that child protective services, whether it was the Administration for Children’s Services (ACS) in New York City, or the Department of Social Services in another county, found “some credible evidence” that you abused or neglected a child in your care. To make an “indicated” finding, the caseworker does not even have to find that the abuse or neglect probably happened, only that there was “some credible evidence” that it did. Even with this low standard, the consequences are high. The report will remain on file with the New York State Office of Children and Family Services (OCFS) until the youngest child in the report turns twenty-eight (28) years old. If you apply for a job in the child care field (teacher, teacher’s aide, paraprofessional, day care worker), or to become a foster or adoptive parent, then the “indicated” report will hurt your application. If you are engaged in custody litigation, there is a good chance that the other party will find out, and that he or she will use it against you in court. You can fight the report. You have ninety (90) days to request that the report be amended to “unfounded,” meaning that there is no credible evidence of abuse or neglect. That request must be made in writing. Your letter must include your name, address, and the case number, which can be found on the letter that you received from the agency. The letter should state that you were the subject of the indicated report, and request that the report be amended to unfounded, or in the alternative, that it be referred to the Bureau of Special Hearings. You will send it to the Office of Children and Family Services, PO Box 4480, Albany, NY 12204. Everybody requesting that amendment has to sign the letter. Therefore, if report was indicated against you and your spouse, you and your significant other, you and your parent(s), etc., then all of you need to sign the letter seeking an amendment. In the meantime, get into services. What this means is that you need to address whatever alleged behavior led to the “indicated” finding. It is not an admission of guilt. If the allegations were of excessive corporal punishment, then take parenting skills and anger management classes. If you were accused of drug or alcohol abuse, then get into a treatment program. If the allegation was of mental illness, then get into mental health treatment. Make sure to give your treatment your best effort, get good reports from your providers, and keep those reports in a safe place. You will get a response from the State. In most cases, the letter will state that the Office of Children and Family Services decided to uphold the indicated report, and that the report was reasonably related to an application to become a foster or adoptive parent or to employment in the child care field. That means that the State decided to keep everything the same. Your case will be sent to the Bureau of Special Hearings, where you can continue to fight the report. You will then get a letter from the State telling you the date, time, and location of your first appearance. As the letter will state, the first appearance will be for a conference only, which is a nice way of saying, “Nothing will really happen.” While the letter will tell you that you will find out who the agency’s witnesses will be, and what evidence it will present, at the hearing, you should not count on that actually happening. At the conference, you will receive the case record, which contains detailed notes about everything that the agency did during its investigation. The record will include the reason why the agency concluded the investigation as indicated. You will also meet the judge and the agency attorney. You will get a new date for a hearing. At this point, the reports from your service providers will be important. You should send copies to the agency attorney, which may, or may not, convince the agency to agree to unfound the report without a hearing. If the agency decides not to agree to unfound the report, then you will have a hearing. It will be important to get updated reports from your service providers beforehand. The hearing is very informal. The case record will go into evidence. The agency will usually call the caseworker as a witness, who will testify to his or her investigation. You (or your attorney) will get to cross-examine the caseworker. Hearsay is admissible, meaning that the caseworker can testify to what other people said. In some cases, the agency will call more than one witness. The agency may also submit documents, photographs, etc. into evidence. After the agency presents its case, then you will get to present your own. At this stage, you will present evidence to show that the allegations were not true. You will testify, meaning that either you will simply state your side of the story, or if you have an attorney, he or she will ask you questions about what happened. After you present your side of the story, the agency attorney will get to ask you questions, designed to show either that what you are saying is untrue, or that there is more to your story than what you presented. You can also present documents, photographs, etc. that support your side of the story. If you want, you can also call other witnesses, who the agency attorney will also get to cross-examine. After you present your case, the judge will ask whether you want to present anything with respect to “R & R.” That stands for “reasonably related,” and means, “Let’s say that I find that you did the things that the agency says you did. Why shouldn’t it hurt you if you want to become a foster or adoptive parent, or get a job in the child care field?” You should present updated reports from your providers. You can tell the Court about what led to the allegations (a toxic relationship, death/illness in the family, mental or physical health issues), what changed, your remorse, what you’ve learned from the service providers, etc. You will then get a letter in the mail, stating whether the judge decided to overturn the report and make it unfounded, or whether to keep the report as indicated. If the report remains indicated, and you wish to challenge it, you will have to file for an Article 78 hearing. You will need an attorney for this. If you win the hearing, and the report is unfounded, then you are in good shape. If you apply for a job in the child care field, or to become a foster or adoptive parent, then the employer or the foster care/adoption agency will not find out about the report. Also, if you have a custody case in Family or Supreme Court, then the report should not be considered. (However, your ex can still testify to his or her version of events, even if they overlapped with CPS’ findings. Your ex simply cannot use the fact that the agency indicated the report based upon those events.) If the judge finds that the allegations in the report were true, but that they were not reasonably related to becoming a foster or adoptive parent or getting a job in the child care field (in other words, but you’re better now), then that has the same effect as if the judge found that the report was not true. In other words, while it would be more of a moral victory if the judge found that the report was based upon lives, your life will be exactly the same if the judge instead finds that you did what you had to do to become a better person. An attorney who is familiar with OCFS fair hearings can help you if you end up on the wrong side of a CPS investigation. The Law Offices of Joseph H. Nivin, P.C. has significant experience representing people in fair hearings challenging indicated reports. Call (347) 642-0376 for a consultation at a reasonable rate.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. As a family law attorney, I represent people facing child protective services investigations, and often receive calls from people asking what they should do when a caseworker knocks on the door. Here are answers to the most 5 common questions about child protective services and how you can get prepared. Question 1: Do I have to let them in? The answer is, “no, but….” If you do not allow the caseworker into the home, then he or she is likely to go to court and get an order that you do so. The caseworker will have to show that “there is probable cause to believe that an abused or neglected child may be found on the premises.” It will be enough if the caseworker shows the judge that: (1) someone called in a report, (2) the caseworker was denied access to the home, and (3) the caseworker advised you that you might seek a court order to gain access to the home without further notice to you. Once the caseworker gets an order that you let him or her into your home, then yes, you have to listen to the judge. As a result, it is generally advisable that you allow them into your home before they go to court and get an order. After all, if you refuse them entry, and they get a court order, then they’ll be in your home anyway. The only difference will be that they’ll be more hostile, and more suspicious of you. Question 2: What do I do when they’re in my home? Be as polite as possible. The instinct may be there to be rude. After all, you’re likely thinking, “Who is this person to question how I take care of my children?” It’s critical that you resist that temptation, or else you’ll make the whole experience more difficult than it has to be. After all, by doing the investigation, the caseworker is only following the law. They have to do an investigation whenever somebody calls the State and makes allegations of abuse or neglect, even when those allegations turn out to be false. If you let the agency do what the law says that it must do, than they are more likely to get in and out of your life with as little stress as possible. You should allow them to look at the conditions of your home and talk to your children outside of your presence. Question 3: What happens if I have a criminal case related to the investigation? Don’t talk about the allegations with the caseworker. Everything that you say to the caseworker can be used against you in Criminal Court, and you are under no obligation to put your liberty at risk. Similarly, if there was a real incident that led to the investigation, talk to a lawyer before you say anything to the caseworker. Question 4: What do I do next if I’m talking with Services? If you’re in drug treatment or individual therapy, then get favorable letters from your counselor or therapist if possible. If the agency wants you to attend a conference, then go, and ask to appear by telephone if you have to be at work. If they offer you services, then accept them if possible. They’ll be out of your life more quickly if they see that you’re doing everything possible to take care of whatever conditions brought them into your life. Question 5: How Long does the process take? At the end of the investigation, about 60 days after the first contact, you will get a letter saying that the case was either indicated or unfounded. If the case was unfounded, that means the caseworker found no credible evidence of abuse or neglect. Congratulations, you have survived the ordeal and come out clean. If the case was indicated, then that means that the caseworker found some credible evidence of abuse or neglect. If you get that letter, then you will need to call an attorney ASAP to challenge the finding. The time is limited, so start calling attorneys that day. Just remember, this too shall pass. With that said, you do have rights.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Guardianship for an incapacitated adult allows the person caring for the adult to make all decisions including medical, living accommodations and financial responsibilities. A family law attorney can assist a Guardian or conservator who are both appointed by a judge. A Conservator is different than a Guardian as they are appointed to only make decisions about money and investments. To begin the process of legal guardianship or conservator, a family lawyer will explain the process and begin the important step of filing a petition with the court.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. As a family divorce lawyer, people often ask me if I’ve learned lessons about how to make marriage work. They’re asking the wrong question. The decision to get divorced is personal and one that anybody can end up making. The more important question is: If you decide to split from your spouse, what will the divorce look like? Will it be financially and emotionally devastating? Or will you be able to move on, heartbroken, but otherwise intact, and capable of co-parenting your children with your ex? If you follow the lessons listed below, than you’re far more likely to fall into the second category. Be a support, not a weight around your spouse’s ankles. The nastiest divorces involve custody battles. The last thing that you want is for your spouse to ask her attorney, “Why’s he interested in the kids all of a sudden?” Start being involved now. You don’t have to defend every single point in every single argument. The only way to reduce fees in your divorce is to come to an agreement on as many issues as possible. If you fight over everything, then your divorce will be very expensive. If you pick your battles, than you will save both money and energy. Just because it’s legal doesn’t mean it’s right. During hotly contested custody cases, clients often ask me, “Do I have the right to do X?” This often leads to the following response from me: “There’s no law on the books against it, but. . .” The client may listen, and save him or herself a lot of angst. Or the client may interrupt and say, “All I want to know is whether I have the right to. . .” That client isn’t doing him or herself any favors. Example: Don’t have your new significant other sleep in the same house as your children without talking to your ex first, just because it’s “legal.” You can’t impose rules on children when you’re fighting with the other parent. Children can be raised with rules even when the parents don’t like each other. However, if the parents are constantly trying to undermine each other, then it’s impossible. No matter what, be on the same page when it comes to your expectations of your children. Make sure your kids know it. Don’t screw around with the money. If you think you’re smart enough to hide money before your divorce, you can bet that your ex’s divorce attorney will be smarter. If you cry poverty, the Court won’t believe you, even when (not if) your crying becomes real. Example: It’s not a good idea to tell your boss to take you off the books just in time for your divorce. If you’re self-employed, be Dudley-Do- Right. Every divorce attorney knows how to discredit a business owner’s self reported income. Make sure that everything paid out of your business account has a legitimate business purpose. Keep track of what you pay yourself, and report that “actual” personal income when you fill out court documents. Do the same on your tax returns, as they will be exchanged during your divorce. If you think you might be getting divorced, do your taxes. If you’re in the middle of getting divorced, do your taxes. Your finances can’t be a mystery when you’re getting divorced. For self-employed people, see #6. Don’t be underhanded with your children. You’re going to get caught. Even if you walk out of court thinking that you’ve proven me wrong, just wait. Karma is real. Don’t try to provoke your spouse to act crazy and then start recording. Don’t interrogate your children and record them making allegations. People who do these things never turn out well. Both you and your spouse will always have influence when it comes to your children’s upbringing. The exceptions are extreme: if your spouse abandons the children, goes to prison for a long period of time, or is severely abusive or neglectful. Even the best lawyer can’t just “tell the judge” to send the kids to your family every year for Christmas. Neither you nor your ex will get to “call the shots.” Put common sense before fairness. Yes, in a court of law, there should be fairness. However, when there is a choice between the two, than common sense takes priority. These issues arise when deciding who is responsible for picking up and dropping off children for exchanges between the parents. When making these arrangements, parents are well– advised to focus on what makes the most sense, and not insist upon sacrificing logic just to split the burden 50/50. Nobody can guarantee the future on their wedding day. However, if you’re getting divorced, then follow these simple rules. You’re much more likely to come out okay in the end. Disclaimer: The suggestions in this article do not apply to cases where there is serious domestic violence, child abuse, serious neglect, or parental alienation.