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Domestic Violence & Order of Protection

Decluttering after divorce

clutter in house

Decluttering is challenging in the best of times, but tackling your home in the wake of divorce can be especially hard, not to mention emotional. Where do you start dividing the remnants of your married life? How do you transform your home from a marital nest into a single person’s abode when you can’t afford…

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What to do if your ex accuses you of child abuse

child abuse concept unhappy child

All good parents have one thing in common: they love their children deeply. Therefore, one of the worst things a parent can experience in a contentious family law case is an accusation of child abuse. Imagine that you are going through a divorce from a vindictive spouse. They are accusing you of all kinds of…

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When should children testify in family law proceedings?

gavel and figurines

When custody disputes occur, New York judges attempt to resolve the matter without putting the child in the position of having to choose between their parents. In some cases, however, input from the child may be necessary to give the court the information it needs to make the best decision, so a “Lincoln hearing” will…

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How does infidelity affect a New York divorce?

infidelity and divorce

You’ve discovered that your spouse has been having an affair for months and feel confused, angry, and betrayed. After a while, you decide that the marriage is irretrievably broken and want a divorce. How will your spouse’s adulterous behavior affect the divorce process? Before 1967, adultery was a major factor in a New York divorce…

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How to protect yourself during a toxic divorce

woman stressed with finances bills

Under ideal circumstances, you and your spouse will accept that you’re better off apart than together and be willing to work with one another to make the split as painless as possible. Unfortunately, we live in an imperfect world and you may be married to someone who is aggressive, controlling, and even an outright narcissist.…

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Assembling your divorce “dream team”

professionals team

Divorce is a confusing and stressful time for anyone. There are so many areas that need to be addressed: legal, financial, and of course emotional. To make matters worse, everyone is giving you advice, a lot of it conflicting. How will you handle it all? The answer is: you don’t. At least not by yourself.…

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Four tips for summer parenting time

mother and child

As the last day of school before summer break approaches, we feel a more pressing need to confirm vacation plans for the summer. For divorced parents who have agreed to establish their own vacation schedule, this can be as difficult as it is exciting. We would love to take the kids to Disney World in…

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Benefits of hiring a family law attorney

Many individuals who are about to become involved in a New York family law matter, such as divorce, child custody, and support, or spousal maintenance, wonder whether they should hire a family law attorney to represent them or save some money and handle their own case. While there is no law that requires you to…

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What cases does a Bronx family court lawyer handle?

divorce concept, broken heart

Family law deals with domestic relations, so Bronx family court lawyers represent clients in divorce proceedings and associated matters such as spousal maintenance, child custody and support, and division of marital property. Many lawyers also assist victims of domestic violence in civil protection court order proceedings. Child custody There are two types of custody arrangement…

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Litigated divorce in New York

courtroom for divorce

A litigated divorce is one where both parties can’t come to an agreement and resort to the courts to settle their differences. This type of divorce usually happens when one party refuses to settle on key issues, deliberately hides information such as financial records, or refuses to disclose details about all property they owned prior…

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New York State Domestic Relations Law summarized

Bronx Lawyer

The Domestic Relations Law is part of New York’s legal code. This part is often abbreviated, DRL. The DRL is composed of sixteen articles. These articles form the backbone of New York’s laws on marriage, divorce and family law. A summary of each article of the DRL follows. Article 1 The article gives the short…

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What is the Violence Against Women Act (VAWA)?

domestic violence legal issues

When people think of domestic violence they usually think of a situation where there is a man physically abusing a woman. However, there are situations where the roles have been reversed but these situations are rarely reported as men feel ashamed and will not admit that they are being abused by a woman. In addition,…

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Teenager’s out of court statement not enough to move forward in abuse case against stepfather

The New York City Administration of Children’s Services (ACS) is accusing a stepfather, Ruben, of sexually abusing his stepdaughter Sabrina since she was five years old. ACS argued that Sabrina’s mother, Melody, knew of and/or should have known about the abuse and failed to protect or notify the persons to protect her well-being, according the…

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Mother neglecting her child may lead to her behind bars

A New York mother was found guilty of neglecting her child which caused abusive injuries while the child was in her care, as reported by the New York Law Journal in an October 15, 2012 article. The Administration for Children’s Services (ACS) filed the petition against the mother and another for actions that occurred. Specifically,…

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Order of protection applies to a parent’s boyfriend

A father who filed an order of protection against his ex-wife’s boyfriend on behalf of his daughter was dismissed by New York’s trial court for lack of subject matter jurisdiction as the child and the mother’s boyfriend did not have an “intimate relationship,” which is a requirement under the Family Court Act. However, the decision…

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Family court’s semi-centennial

In New York State, there is a family court located in each of its five boroughs, in addition to the numerous family courts that are located upstate. Today New York City’s family court, which handles disputes that include but not are not limited to divorce, child abuse, child support, paternity, adoptions, and order of protections…

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Rulings on Effect of Violence on Parents’ Rights

There were a couple of unrelated appeals in the Court of Appeals last week as stated in the New York Law Journal on May 25, 2012, related to parent’s rights in cases where the children have seen domestic violence. Though the Third Department decided differently in each, the record is adequate enough for the court…

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Westchester court decides children were permanently neglected

Since 2005, two children have been under the care of foster parents. The father, who is 68, was convicted of molestation. The 34-year-old mother was of “limited intelligence” according to a May 25th, 2012 New York Law Journal article. The mother allowed the father unsupervised contact with the children even though she knew of his…

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Grandparents seeking adoption must satisfy special standard requirement

The New York family court ruled that special circumstances are required to be met when a grandparent seeks custody rights of their grandchildren, as reported by the New York Law Journal in a December 2, 2011 article. A New York grandmother sought to gain full custody rights of her twin granddaughters after their mother’s boyfriend…

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Court rules father’s intoxication constituted neglect

The Department of Social Services brought a petition against father Derrick K in Matter of Joshua J. v. Derrick K (August 18) for neglect of his 4 year old son, Joshua. Joshua was placed with Derrick under Family Court Act 1055. According to the decision, published in the August 26, 2011 “New York Law Journal,”…

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