When Can Grandparents Petition for Visitation in New York?

After CPS indicates a report against you, you only have a limited time to challenge it. Call a family law attorney in Queens, NY as soon as you can so you know what steps to take to protect yourself and your family. A Queens, NY "Fair Hearing" You'll first get something called a "Notice of Indication," which comes once CPS finishes an investigation and decides that a fair preponderance of the evidence supports an allegation of abuse or maltreatment. CPS must send that notice to you within seven days of their decision. Once you get this, you have to send a written request to the Statewide Central Register within 90 days asking that the record be amended. This request starts an administrative review, and if OCFS does not amend the report within ninety days of receiving your request, the matter moves automatically to a "fair hearing" before an Administrative Law Judge in the Bureau of Special Hearings. What's a Fair Hearing? This is an administrative proceeding, not a Family Court trial. Local child protective services bears the entire burden of proof, and they must show, by a fair preponderance of the evidence, that you committed the acts of abuse or maltreatment that led to the indicated report. A fair preponderance means the amount of evidence that supports the allegation outweighs the evidence against it. Ultimately, the hearing decides two questions: Does the evidence establish that you committed the alleged acts? If the answer is yes, are those acts relevant and reasonably related to employment by a child-care provider agency, to regular contact with children in such an agency's care, or to licensing applications? What Can I Do to Defend Myself? You have the right to appear with your legal counsel, to present witnesses, to introduce documents and other material evidence, and to cross-examine the agency's witnesses. Formal rules of evidence do not apply in the same way they do in court, but the administrative law judge can still exclude any irrelevant or repetitious testimony. What Happens If I Win? If the court decides the report is unfounded, then the record is sealed and treated as if the report never existed for most disclosure purposes. If the court sustains the indication itself but finds the conduct is not relevant to employment or licensing, then disclosure is blocked for those purposes. What Happens If I Lose? You can challenge an adverse fair-hearing decision, but there are some time limits for taking that next step. As soon as you get the decision, you should move. Your lawyer will work with you to make sure you fight back effectively. Get Help From an Experienced Family Law Attorney If you've received a Notice of Indication or have already challenged it and have a fair hearing lined up, don't try to go up against CPS on your own. Contact the law offices of Joseph H. Nivin, P.C. in Queens, NY today to set up a case review. We'll listen to your concerns, lay out your options, and fight for the best outcome for you.

If your marriage is facing serious challenges, you have the choice to do a legal separation rather than jump straight to divorce, if that works best for you and your family. A family law attorney in Forest Hills, NY can help you weigh the options. Understanding the Difference Legal separation and divorce are both about living apart from a spouse. Legal separation keeps your marriage intact, and a written separation agreement (or, far less often, a court judgment) sets rules for how you'll live separately. You and your spouse remain married, and you cannot remarry. The agreement will typically cover child custody, support, use of your shared property, debt payments, etc. Divorce ends the marriage completely. After the court dissolves your marital bond, you are legally a single person again and may remarry if you choose. Pros of Separation One clear advantage of legal separation is it gives you some breathing room. You can step back, try counseling, and decide whether the marriage can be repaired or you're 100% sure it should end. And because the marriage continues, any years spent living under a separation agreement still count toward the ten-year marriage requirement for Social Security spousal benefits. Many health insurance policies continue covering a legally separated spouse, which can be very useful and is something that usually ends when a divorce judgment is entered. If you have religious or personal beliefs that discourage divorce, those can be respected while you still get some enforceable rules for child custody, child support, and financial responsibilities. And it's usually cheaper to file taxes as a married couple than a single. Cons to Separation As helpful as a separation can be in some ways, you do remain legally tied to your spouse. That means you've still got a shared credit history and potential liability for certain debts. You cannot marry anyone else, and if the relationship involves abuse, or if the two of you simply cannot negotiate, creating a fair agreement might be difficult or impossible. Property division under the agreement is contractual, not a final court-ordered equitable distribution like with a divorce. Divorce offers finality that many people need, and separation doesn't. Once the judgment is entered, the marriage is over and you can remarry, which is a big issue for some. Sometimes the clean legal break of a divorce is the best way to reduce ongoing conflict and give each person a clearer path forward. Talk to a Forest Hills, NY Family Law Attorney Choosing between the two options will always depend on your specific circumstances and whether you want the door to reconciliation left open, whether insurance or Social Security benefits are of great importance in your situation, whether either of you have religious convictions, and whether you are ready emotionally for a permanent legal end to your marriage. Neither route is automatically better, and a lawyer can help you choose what's best for your family. For help understanding how both paths will affect your situation, contact the Law Offices of Joseph H. Nivin, P.C. in Forest Hills, NY at 347-657-6271 now for a 30-minute case review to discuss your options.

New York courts will follow specific rules when they're figuring out child support in your case, even beyond the basic amount. A child support attorney can explain these details clearly for your situation in Forest Hills, NY. The Basics of Support in Forest Hills, NY New York uses the Child Support Standards Act to set a presumptive basic support amount, and all add-ons and deviations are dealt with after that basic amount is calculated. Both parents' incomes are first added together (after certain deductions), and then the court applies a percentage based on the number of children involved. A parent is expected to pay 17% of their income for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. This calculation applies only up to a combined parental income cap of $193,000. Each parent then pays their share of that total according to their proportion of the combined income. Most Common Add-Ons Add-ons sit on top of the basic amount to cover extra costs that the basic percentage does not include. The three most common mandatory add-ons are: Reasonable child care expenses Healthcare-related costs for the child Educational expenses Child care can only be mandatory if it's necessary so the custodial parent can work, look for work, or attend education or training that leads to employment. Healthcare add-ons include the cost of health insurance premiums for the child and unreimbursed medical, dental, optical, and prescription expenses. Educational expenses can become add-ons when a court decides they serve the child's best interests. Private school tuition or special tutoring might qualify, for example, if the family previously paid for it or if the child's needs clearly require it. These expenses get divided between the parents using the same income proportion that was used for figuring the basic support amounts. Courts look at actual receipts or estimates to decide what counts as reasonable in both situations. Most Common Deviations Deviations can be put in place when the presumptive basic support, plus any add-ons, would produce what the court considers an unjust or inappropriate result, but there are specific factors the court must consider before changing the number. The court has to look at: The financial resources of both parents and the child The child's physical and emotional health (plus any special needs) The standard of living the child would have enjoyed if the parents had stayed together The tax consequences for each parent The non-monetary contributions each parent makes to the child's daily care The needs of other children the paying parent may already supports Courts can also weigh any other facts they find relevant to the particular family. Talk With a Child Support Attorney Today Talk to us at the Law Offices of Joseph H. Nivin, P.C. in Forest Hills, NY today for help throughout the greater Queens area. We offer a free case evaluation and bring extensive New York Family Law Court experience to bear on every case we take.