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New York City Divorce Blog

What should I know about New York visitation rights?

For New York couples who have ended their marriage, child custody and visitation will be one of the most pressing issues they will face. To add to the concern is if there are others such as grandparents who also believe they should have visitation rights. Understanding how visitation is determined and what factors are important is imperative before the case. The first step to this is understanding how the law assesses these matters.

It is always preferable for the parents to be amicable and come to an agreement regarding visitation without the need for court intervention. Unfortunately, this is not always possible and it is necessary to file a petition in family court. Regarding grandparents' rights or the rights of other family members, it is allowable for these individuals to file for visitation. The focus will be on the best interests of the child and that will take precedence over the desires of anyone else. When there is a custody order, there will also be a visitation order unless there is a reason or reasons not to grant visitation. The custodial parent must allow the noncustodial parent to have visitation rights. Failure to allow visitation could result in a contempt charge.

Child custody and a warrant to take physical custody in New York

When there is a child custody dispute in New York, nothing is more important than the child's safety. This is part of ensuring that the best interests of the child are adhered to. When there is a concern that the child is in danger, a parent can seek a warrant for physical custody. This is also possible if there is a risk of the child being removed from the state. When assessing whether this is necessary and possible, knowing the law is key.

When a petition is filed for a child custody determination to be enforced, the petitioning parent can ask for there to be a warrant to take custody of the child if the above criteria are met. When the court hears the petitioner's testimony, it can find that the child is at significant risk for serious harm or might be removed from the state. If it does make this finding, then the warrant to take physical custody can be issued. Unless there are extraordinary circumstances, the petition will be heard the following available court day after execution of the warrant. Should there be an adjournment, it will not be longer than three court days.

What is a family court order for protection in New York?

In New York, it is an unfortunate truth that a dispute between people who are involved in a relationship will sometimes become violent. These situations are dangerous from the start and it is important for the victim to understand that there are protections available to stop the abuse. One beneficial strategy that will prevent the alleged abuser from continuing the treatment is to get a Family Court order for protection. When thinking about this option, it is imperative that the person understands how to move forward with it and has help from a legal professional experienced in these matters.

This type of protective order will be issued in a civil proceeding. The goal is to put an end to family violence or violence between people who are involved in an intimate relationship. It protects those who have been impacted by these behaviors. To receive a protective order, one of the following circumstances must exist: it involves a current or prior spouse; it is someone with whom the person shares a child; it is a family member to whom the person is related by marriage or blood; or it is someone with whom there is or was an intimate relationship.

When divorced parents don't see eye-to-eye on discipline

Divorced parents often struggle seeing eye-to-eye on a lot of issues, including that of disciplining the children. Since it is so important for kids to have consistency in this area, a lack of it -- or direct conflict between the parents -- can make it harder for either parent to make any progress. Let's break the issue down a bit so that you can see how and why it happens.

Different upbringings

Former New York City mayor involved in high asset divorce

Any divorce has its difficulties, but when it is a high asset divorce involving a high-profile couple, it adds several layers to what they must deal with publicly and privately. Regardless of the circumstances, many divorces have certain similarities and that is true whether the couple was prominent and had significant assets or it was a more low-key couple whose income and assets were limited. One factor that should not be ignored is the need to have legal assistance from the beginning of the case.

The former mayor of New York City Rudy Giuliani is in the middle of his third divorce and there is a dispute over finances and more. Mr. Giuliani, who has gone into private legal practice after his time in public office ended, is battling with his estranged wife over expenses. His wife says that he is claiming he has less money than he really does have. She says he has spent more than $900,000 in the past seven months despite asserting he has financial problems.

New York divorce and dealing with inheritance and retirement

New Yorkers will want to shore up their future and not need to worry about their paycheck being their sole source of income and protection. There can be different interpretations of financial freedom with the goals being individual and based on wants, desires and priorities. When a divorce enters the picture, it can throw a wrench into the most intricately devised plans. Having legal assistance with this difficult type of divorce is crucial.

A divorce will inevitably impact assets that one of the spouses might have inherited, retirement accounts, and investments. The property division aspect of any divorce is often moved off to the side as children and support take precedence. However, when people are concerned about how they are going to make ends meet and are counting on these accounts and investments to protect them, it must come to the forefront.

How do domestic abuse claims impact custody and visitation?

In New York, just about every relationship that is coming to an end will have family issues that make the situation difficult. In extreme cases, people will be subjected to domestic violence and abuse. When there is a divorce and there are children involved, domestic violence can impact how custody and visitation is handled. With safety concerns, the law will address a custody dispute to protect the alleged victims. Understanding how this is factored in is critical to a case for both parties.

As custody and visitation is decided upon, domestic violence and allegations surrounding it will be considered. Simply because a parent has been accused of or is known to have committed domestic violence does not mean that he or she cannot be granted custody. The key issue that the judge will assess is the best interests of the child. By that metric, it is possible that either or both parents can receive custody and visitation.

When I file for divorce, will support be paid immediately?

Divorce can be a contentious matter in New York. Emotions will be frazzled and people will have a variety of concerns as to what the future holds not just personally, but financially as well. One issue that comes up in nearly all cases is support. This can be spousal support, child support, or both. When the divorce is finalized, the support will be in the agreement and can only be changed if certain conditions are met. One question that is often asked, however, is how support will be handled in the immediate aftermath of the divorce filing. Knowing about a temporary order is one of the key divorce legal issues to navigate.

It can take time to gain clarity on the financial circumstances of the parties. The Judge or Support Magistrate will need to go through all the records to decide who should pay support and how much it will be, among other factors. When the couple first goes to court, there might be a temporary order of support. This will tell the supporting parent to begin paying immediately. It will not necessarily be the same amount that will be ordered once the case is finalized.

Will you regain your divided pension if your ex gets remarried?

When you and your ex got divorced, they got a portion of your pension. This happened through a Qualified Domestic Relations Order (QDRO). Since you were married during the course of your employment, part of that pension counts as a marital asset, and your ex gets half of that money.

Now, though, you heard through the grapevine that your ex is going to get married again. It has been five years since your own divorce and you feel happy that you both have moved on, but you want to know what this means for you. Do you start getting your full pension after your ex remarries, or do you still have to keep splitting it up?

Real estate at the center of judge's ruling in high-asset divorce

A New York divorce is complicated enough without the details being openly debated in the media and by outsiders who are not fully informed, but this is the reality with a high-asset divorce. New York has many people who are of significant means but are not necessarily household names. Those who have major wealth and have decided to part ways will often engage in a dispute over various items from the marriage. Such is the case with property interests and disagreements as to whether valuable properties like real estate should be part of the divorce or belong to one of the spouses alone. When there is a high-asset divorce, legal advice is critical.

An important ruling was made as part of a divorce between an art dealer and his wife regarding a valuable property. The art dealer, who is said to be a billionaire, is trying to sell a townhouse on the Upper East Side of Manhattan. Its asking price is $72 million. The wife was trying to stop the sale, but the judge ruled that there is no legal justification to do so because the property is owned by a limited liability company (LLC) and technically not by the husband.

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