Long Island Family Law and Mediation Blog
The law is designed to be a changeable concept, ready to adapt to our evolving perceptions of justice, and fairness. As the world has continued to evolve in the last few years, and communities around the world have begun demanding further recognition and acceptance of a person’s individual identity, the law has had to adapt accordingly.
In 2021, a new set of regulations began to roll out in New York, regarding Gender Recognition and Name Changes. This update, known as the “Gender Recognition Act” is continuing to have an impact on the way people can legally identify themselves in the eyes of the law today.
On this blog, I’ve already discussed some of the changes implemented by the Gender Recognition Act, and what they might mean to name changing law. Today, I’ll be looking a little closer at the mechanism provided by the Gender Recognition Act for New Yorkers petitioning to have the courts change their official sex designation.
Name changes are an important part of the family law landscape which can apply to a wide range of cases. There are various instances wherein a person might decide to change their name, their identity, or even their designated gender identifiers in today’s modern world. With the introduction of the new Gender Recognition Act, New York’s laws governing name changes have been updated and revamped.
The law is a changeable, dynamic, and ever-evolving concept. As our lives change, and the way we define “justice” becomes more refined, our legal guidelines continue to transform. This is why it’s so important to ensure you’re up to date with the latest versions of different laws in your state when you’re in the midst of or beginning to start a family law case.
There are various complicated concepts which apply to legal cases in matrimonial law. Courts must consider the various components of each case on an individual basis, as the situation surrounding those involved can make a huge difference to the order made.
In a previous blog, we began discussing the basics of “Maltreatment” in cases involving children. The term “maltreatment” can be somewhat complex, as it often refers to a number of different acts which might put the child in the case in danger. Maltreatment might be identified as “negligence” or direct endangerment of the child. It could also apply to situations wherein a care provider has failed to properly look after a child in their charge.
Since I began my focus in matrimonial and family law in 2004 and working as a child custody attorney, divorce lawyer, and mediator throughout New York and Long Island, I’ve discovered some cases are always more complex than others. Cases involving children, for instance, are often the most emotional for everyone involved. This is particularly true when the safety of the child is brought into question.
Maintenance is a common consideration in many divorce cases, wherein extra support needs to be offered to a specific spouse. In many divorces, the less-monied spouse seeks temporary maintenance to help with the costs of getting legal representation and supporting themselves when the divorce is ongoing. At times both temporary maintenance and post-divorce maintenance (support given at the end of a divorce), can help to preserve a spouse’s financial wellbeing during the case and when a marriage is dissolved.
Until recently, under New York law, a parent’s obligation to provide support to a child with a developmental disability generally ended at age 21. However, New York just joined 40 other states in enacting legislation that allows custodial parents of adult children with special needs to pursue child support after the child reaches the age of majority. For certain young adults with “developmental disabities”, child support may now go on to age 26. This can include child support for those that are still under 26 that were previously already deemed aged out.