On Behalf of The Law Offices of Joseph H. Nivin, P.C.  “Why are they always talking about my ex’s visitation, but never about me getting custody?” My office often gets calls where people ask (not an exact quote), “Every time I go tocourt, they’re always talking about my ex’s visitation, but never about me getting custody. […]

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On Behalf of The Law Offices of Joseph H. Nivin, P.C.  While a parent’s hope is that after a custody and parenting time schedule is agreed upon, litigation is over. Unfortunately, to enforce or modify the order, going back to court is unavoidable. One parent may want to change the schedule.  A parent may be frustrated because […]

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On Behalf of The Law Offices of Joseph H. Nivin, P.C.  There are several names of lawyers who represent minors in Family Court. Many times they are referred to as a child lawyer or a child advocate lawyer. However, under Family Court Act 241, an attorney for the child (AFC) is a court-appointed attorney who is assigned to represent a minor […]

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On Behalf of The Law Offices of Joseph H. Nivin, P.C.  No two child custody cases are the same as everyones relationships are different. An experienced family lawyer or child custody lawyer will advocate or defend for your child or children’ wishes. A good lawyer will listen and can help your whole family through this emotional process. What […]

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On Behalf of The Law Offices of Joseph H. Nivin, P.C.  Guardianship vs. custody are legal terms that may be used interchangeably. However, there are specific and clear differences between the two. Guardianship: An order of guardianship provides an adult with the legal power to make decisions for another person, usually a minor or an adult […]

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On Behalf of The Law Offices of Joseph H. Nivin, P.C.  Written by Louise Lingat Paternity establishment is the process for determining the legal father of a child. Every child has a biological father, but if a child is born to parents who are not married, the child does not have a legal father, unless the […]

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On Behalf of The Law Offices of Joseph H. Nivin, P.C.  When people describe their experiences in Family Court and contested divorce cases, they often call it “being put through the ringer.” The process can feel like pure hell when your ex is alienating the children from you. I have had clients tell me that their children refuse to speak […]

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On Behalf of The Law Offices of Joseph H. Nivin, P.C.  I. Introduction:Many parents in Family Court or Supreme Court matrimonial cases ask for “shared custody,” or equal time with their children. Until recently, the response was consistent: “Children need one place to call home” or “Children need stability.” However, more courts are now approving “shared custody” […]

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On Behalf of The Law Offices of Joseph H. Nivin, P.C.  If you’ve been in custody litigation for a while, you’re probably wondering how much the law comes into play. It may seem like the judge or the referee does whatever he or she wants to do, and that there’s no pesky law getting in the […]

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On Behalf of The Law Offices of Joseph H. Nivin, P.C.  As in the case of Tropea v. Tropea, the issue of Child Custody Relocation will be determined by a Judge in Family Court. Requests for relocation when child custody is at stake are reviewed on a case by case basis. The court will take many factors into […]

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