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.

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On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

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 ex-spouse who gets what, a judge will decide, and that does not necessarily mean a 50-50 split.

New York is an equitable distribution state when it comes to dividing marital property – assets acquired during the marriage. Think real estate, vehicles, furniture and artwork along with bank accounts, stocks, retirement savings and pensions. Usually it does not include gifts or inheritances one spouse receives while married. Either way, the court has ample discretion when distributing marital property.

What the court will consider

Equitable does not always mean equal. Judges can award one spouse a greater share of marital property based on each spouse’s role and contributions to the marriage. That is where the nuance comes in.

The law has more than a dozen factors for a judge to consider when distributing property. Among them are:

• Length of the marriage, age and health of both spouses
• The spouse with custody of minor children and whether they still need the marital house
• Whether the spouses can divide liquidated real estate in cash or only after a sale
• Child support or alimony
• Each spouse’s potential earnings or financial conditions
• Loss of health insurance benefits

Another critical circumstance when a marriage ends is valuing each spouse’s professional growth or caretaking. A breadwinner can increase his or her wages by getting an advanced degree or certification. What is that worth? And how about a stay-at-home mom? Minding the children instead of paying for daycare might be considered a monetary contribution.

Navigating your case

Divorce will affect your financial future. Be smart in picking your battles during the process. Safeguarding your property is important to ensure you receive a fair share proportionate with the effort you put into the marriage. An experienced attorney can review your case, strategize and help you start over.

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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

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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

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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.

1. 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.
2. 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.
3. 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.”
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.”
10. 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.

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On Behalf of The Law Offices of Joseph H. Nivin, P.C.

My office often gets calls where people ask (not an exact quote), “Every time I go to court, they’re always talking about my ex’s visitation, but never about me getting custody. I want a new lawyer because they never talk about what I want. They always talk about what my ex wants.”

You might be surprised, but this is actually very good news for you. It usually means that everybody knows that you’re getting custody, and that the only issue to be decided is when your ex sees the children.

There are only two ways that cases can end: through an agreement or through a trial. When there is an agreement, the case ends because even though the family came to court for a judge to make a decision for them, they’re finally able to reach an agreement themselves. When there is a trial, that means that a judge needs to decide custody because the parents cannot come to an agreement.

Custody trials are very expensive, time-consuming, and emotionally draining. Therefore, most judges try to help the parents, with the help of their attorneys, to come to an agreement without the need for a trial. This is especially true where there is no real dispute about where the children will live.

Custody agreements not only include provisions about who has custody (Ironic, isn’t it?), but also how much visitation is given to the parent who doesn’t have custody. Therefore, it’s common in cases where everybody knows who is getting custody for courts to spend time focusing on the other parent’s visitation. The reason: That is the only issue standing in the way of an agreement that would end the case.

If you have a custody case, don’t hesitate to call our offices at (347) 642-0376, or to contact us on our website (www.nivinlaw.com), to schedule a free thirty-minute consultation. We look forward to helping you out.

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

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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 to
court, they’re always talking about my ex’s visitation, but never about me getting custody. I want a new lawyer because they never talk about what I want. They always talk about what my ex wants.”

You might be surprised, but this is actually very good news for you. It usually means that everybody knows that you’re getting custody, and that the only issue to be decided is when your ex sees the children.

Child custody cases end in two ways: through an agreement or through a trial. When there is an agreement, the case ends because even though the family came to court for a judge to make a decision for them, they’re finally able to reach an agreement themselves. When there is a trial, that means that a judge needs to decide custody because the parents cannot come to an agreement.

Custody trials are very expensive, time-consuming, and emotionally draining. Therefore, most judges try to help the parents, with the help of their attorneys, to come to an agreement without the need for a trial. This is especially true where there is no real dispute about where the children will live.

Custody agreements not only include provisions about who has custody (Ironic, isn’t it?), but also how much visitation is given to the parent who doesn’t have custody. Therefore, it’s common, in cases where everybody knows who is getting custody, for courts to spend time focusing on the other parent’s visitation. The reason: That is the only issue standing in the way of an agreement that would end the case.

If you have a custody case, don’t hesitate to call our offices for a free 30 minute consultation. (347) 642-0376. We look forward to helping you.

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On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

How will I survive after divorce? What are child custody options? Who can I confidentially talk to about divorcing my spouse?

As a divorce attorney, these are questions our clients often ask. We understand the hardship and know the emotional toll a divorce can take on a couple and their children. Feelings of fear, sadness, anger and confusion are common.

If you’ve decided to begin the divorce process, then it’s time to get down to business. Information is power and a solid plan is key for a successful outcome. It’s important as an experienced divorce attorney or child custody lawyer to listen to each client’s personal situation, and then discuss a plan of action for divorce mediation or prepare documents for court.

Topics you can expect to discuss during your first appointment:

• Your rights and responsibilities
• Setting realistic expectations
• Divorce mediation as an option
• Finances and division of property and assets
• Family Court required documents
• Alimony (“maintenance” in New York)
• Child custody
• Child support payments
• Legal fees and how to save money during a divorce

Before your first appointment, be sure to have as much information as possible about your children and their needs, your home, financials, assets, debts and ongoing expenses. The more detail you can provide, the more productive our meeting will be.

Our experienced lawyers are compassionate and responsive, and will provide trusted representation. For more information, or to make an appointment, please contact us.

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On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

Dreams of becoming a U.S. citizen or a lawful permanent resident (LPR) are priceless. The immigration process is long and stressful, but stands the chance of being worth every minute. Individuals of foreign descent (called foreign nationals) must have a lawful permanent resident card (green card) to lawfully reside in the U.S. 

If you don’t have the time or confidence to prepare the forms required under by the U.S. Citizenship and Immigration Services, or if your situation is complicated, an experienced immigration lawyer can help with assessing your eligibility, preparing the petitions and/or applications, and representing you throughout the process.Our team stands committed to assisting with the following Family-Based Immigration Forms:

• I-130, Petition for Alien Relative
• I-485, Application to Register Permanent Residence or Adjust Status
• I-765, Application for Employment Authorization
• N-400, Application for Naturalization
• I-864, Affidavit of Support
• I-864A, Contract Between Sponsor and Household Member
• I-131, Application for Travel Document
• I-90, Application to Replace Permanent Resident Card
• I-751, Petition to Remove Conditions on Residence

The compassionate and professional team at the Law Offices of Joseph H. Nivin are committed to providing excellent legal services and dedicated representation. For more info, contact us.

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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.

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