If you’ve been accused of child abuse or neglect, or suspect someone of abusing a child, contacting a child abuse attorney should be your first course of action. An attorney understands the justice system and can offer knowledgeable insight into your situation. The state of New York has an intricate definition of what constitutes child abuse and neglect, and it is wise to consult an attorney who is well-versed in this sensitive subject.
Read the rest of this entry »What Is the Child Tax Credit for Divorced Parents?
Disclaimer: we are not tax professionals and do not provide tax advice. We encourage you to consult with a qualified CPA for tax assistance.
The child tax credit is a federal benefit designed to reduce the tax burden for parents raising children. After a divorce, the question of who gets the child tax credit in a divorce becomes critical. A New York divorce lawyer can help you understand the process.
Read the rest of this entry »How to Obtain an Order of Protection in New York
Are you in the Forest Hills, NY, area? Are you concerned about your physical safety? An orders of protection attorney may be able to help.
File a Petition with the Relevant Court
An Order of Protection is a document issued by a court to protect one person from another’s harm or threats of harm. To obtain an Order of Protection in New York State, you must file a petition in the court that handles the type of situation you are dealing with. If you have a family or intimate relationship with the person you are seeking to be protected from, then you should file with a Family Court. You can find your local Family Court on the New York courts website. Forms are available on the Family Court forms website. If you are in immediate danger, always call 911 and only after that your lawyer, if you’re able.
How Can I Modify a Child Support Order in New York?
If you pay child support but circumstances have changed since the child support order was made, you may be able to get the child support order changed. A modifications attorney in Queens, NY, explains.
One parent must file a petition with the court that gave the original child support order. The petition should give the reason for the request for modification and present evidence to support that reason. The judge will look over the petition and the evidence. They will then schedule a hearing, at which both parents will have an opportunity to present their side. The judge will then make a decision whether to modify the child support order or not. If they decide in favor of the request, the judge will then issue a new child support order.
How Does Arbitration Work in Family Law Cases?
If you’re dealing with a divorce, custody, or other family law matter in New York, you don’t always need to end up in court. Arbitration is an alternative that might be a preferable option. Your family law attorney in Forest Hills, NY can represent you during the arbitration process. This guide will explain how arbitration works and how it’s used within family law.
What Is Arbitration?
Arbitration allows both parties to have their side of the argument heard without going to court. An individual will be appointed to preside over the arbitration. This individual is known as an arbitrator and has a role similar to a judge. The arbitrator will listen to the evidence presented by both parties and reach a decision.
Arbitration works very much like a court trial but is heard privately. Evidence will be presented and witnesses will provide their testimony in front of the chosen arbitrator.
If you’re involved with the divorce and need to work out issues with child support, always talk with a Queens, NY child support lawyer to get specific information on your unique case. There are some general guidelines to know, however about what goes into calculating child support here in New York.
Calculating Assets and Needs
The first step in making the calculation is figuring out exactly what income the parents have as well as the needs of the children and certain financial obligations that the parents can’t get out of. This gives you your actual amount of net income. Child support is calculated from net income, not total gross income.
New York courts try to balance a child’s best interests with the rights of both parents and make sure, if possible, that both custodial and noncustodial parents play a role in their child’s upbringing. Here’s a short explanation from a custody attorney in Queens, NY, on what visitation rights look like in New York for noncustodial parents.
What Are My Visitation Rights as a Noncustodial Parent in New York? Answers from a Custody Attorney in Queens, NY
In New York, it is generally recognized that a child benefits from having both parents involved in their life, even after separation or divorce. For this reason, noncustodial parents are typically granted regular visitation unless there is evidence showing that such contact would harm the child.
Custody is always a contentious part of any divorce, and if you are trying to ensure you have custody of your children, or fight against an ex-spouse you know is unsafe for your kids to be around, be sure to talk with a Queens, New York custody lawyer as soon as possible to have the best chance of winning your case.
The “Best Interests of the Child”
In New York, the standard for determining custody is always “the best interest of the child.” If abuse or violence is an issue in the relationship, then the best interest of the child become pretty clear and simple to work out. In the majority of cases, however, the court has to look at a wide variety of factors in making this decision.
Not all divorces are fraught and full of conflict. Sometimes spouses are on good terms but realize that they would just be better off not married. If that’s your case, you may be asking do you need a lawyer to get divorced? At the Law Offices of Joseph H. Nivin in Queens, NY, our divorce attorneys have worked for many clients to help make sure that their amicable divorce is as easy and stress-free as possible.
What if It’s Amicable? Do You Need a Lawyer To Get Divorced?
Technically speaking, you don’t need a lawyer to get divorced, but even the New York State Court System recommends that you speak with an attorney before initiating a divorce. Getting a divorce is not just about filing paperwork; even in an amicable divorce, there are conversations that need to happen about the division of marital property, spousal support, child custody, and child support.
In New York, the divorce process is streamlined for uncontested cases, allowing couples to finalize their divorce more quickly and with less expense than a contested divorce.
Understanding Your Rights in Family Law Cases
Whether you’re going through a divorce, protecting your child, or trying to grow your family, dealing with family law issues is a stressful experience — especially when children are involved. Your Forest Hills, NY family attorney will deal with your case empathetically, helping you to understand your rights and navigate the court system confidently.
Understanding Your Rights in Family Law Cases
Types of Family Law Cases
The Family Court and Supreme Court typically handle cases involving families and children in New York State. You may find yourself working with the courts for a variety of cases, including:
- Adoption
- Custody
- Visitation
- Child support
- Paternity
- Divorce
- Crimes committed by children
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