Temporary orders of protection are issued by the Family Court (or the Supreme Court in divorce cases) and can last as long as a Family Offense case is pending in the court. Final orders of protection are those that are issued at the end of the case. Family Offense petitions…
For some litigation works, but many find litigation to be a frustrating process. Litigation can be a time consuming, expensive, emotionally draining process that is hard on any children of the family. Some cases settle relatively quickly after one, two or a few court appearances. Others find though, after being…
Claims of parental alienation in child custody, matrimonial and family law cases abound. This article will focus upon parental alienation in the context of child custody and parenting time or visitation cases. I have previously written about constructive emancipation which is applicable to child support cases. The ultimate sanction, if parental…
Whether a case is settled before it is filed, after some litigation, or a Judge decided it, at the conclusion of the case a number of documents must be prepared, signed and filed with the court in order for the divorce to be finalized. These same documents are required throughout…
Marital property is broadly defined, in the New York Domestic Relations Law, as all property obtained after the date of the marriage and prior to the signing of a separation agreement or the filing of a matrimonial case, without regard to the form that title is held, unless a proper…
Out of court statements offered for the truth of the matter asserted are hearsay under the evidence rules and are not admissible at a trial or hearing, unless they fall under a hearsay exception. This blog is intended to help give an understanding about the applicability of the hearsay rules…
I am a big fan of alternative dispute resolution such as mediation and collaborative law. Lawyers in New York are guided by the Code of Professional Responsibility. When I am in my role as a mediator, however, I am not acting as a lawyer at that time. Although I am…
Previously, I have touched upon the rights of grandparents and non-parents in child custody and visitation or parenting time cases against parents in New York. In my years of practice in New York City, the surrounding areas, and as a Long Island Child Custody Lawyer, I have needed to deal…
Juvenile delinquency cases are handled in the New York Family Courts. If a child is determined to be a juvenile delinquent, the court is there to issue an order that not only is designed protect the community, but is also there to consider the needs and best interest of the…
Trials and hearings, in New York divorces, can be on the topics of grounds, custody, support and equitable distribution. While the majority of cases settle prior to trial, many trials are still necessary on some or all of the issues. Although other hearings are possible, such as on contempt or…