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Your Family Matters
By now you’ve probably figured out that mediating your divorce makes sense in most cases — and you may be wondering about what types of cases are not a fit for mediation. If there is domestic violence, child abuse or neglect, or parental alienation, litigation becomes...
As every parent knows, it is impossible to work together without trust. Custody litigation, by its nature, eliminates trust — to the detriment of the children. The most basic reason why the current system for resolving custody issues is so bad for children is perhaps...
I have spent most of my career in New York’s Family Court system. I’ve had many people come into my office for consultations who are cynical “veterans” of the system, and others who tell me that they have heard “horror stories.” This series will describe the reasons...
Living in the United States as a lawful permanent resident has many benefits. For the most part, you enjoy many of the same rights and protections that citizens do. However, there are limitations to those rights. You cannot vote or hold public office. Also, you will...
What is included in an order of child support? Basic Child Support Basic child support is meant to provide for a child's basic needs, including food, clothing, shelter, and school supplies. The amount of support is calculated via a formula based on the parents’...
If you are not receiving the child support awarded to you by a court, the first step to take is to use administrative remedies. Staying Out of Court Administrative remedies are actions you can take that don't require you to go to court. For example, if the order is...
The New York State Office of Indigent Legal Services plays an important role in the Family Court system. Through this panel, low-income individuals in Family Court can be represented by experienced attorneys, even if they cannot afford it. Tens of thousands of people...
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...
Getting divorced is one of the most emotionally taxing and financially challenging decisions you can make. After spending decades building a life with someone, property division can be among the most contentious aspects of the process. If you cannot settle with your...
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.
