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New York City Divorce Blog

Seeking protection from domestic violence

Family members don't get along from time to time. While these could be categorized as silly fights, others can be very dramatic and serious. Even when family members are able to keep their emotions and temper in check, a certain dispute could erupt into a full-blown fight that turns aggressive. Domestic violence can be a very serious situation for families in New York and elsewhere. These events could tear families apart, even causing some to seek added protection from future occurrences.

In matters where there is an abused spouse, he or she could take steps to guard him or herself from future attacks. A retraining order could be issued, helping to prevent the abuser from coming in contact with the victim. In other cases, an order of protection could be order, adding additional and longer security for the victim.

Helping you through a high-asset divorce

When wealthy people marry, money tends to be the object of many issues. While the couple may not be worried about their finances in relation to affording certain purchases or paying the bills, it is likely a concern for the couple if they end up divorced. Protecting assets is a step many couples take, wealthy or not. A prenuptial or postnuptial agreement is a device used to not only protect certain assets but also help with the divorce process.

Drafting a document that insinuates that the couple might divorce is difficult to do. No one wants to think about divorce before they are even married or after weeks, months or even years of a happy marriage. Nonetheless, these legal documents can often be the best decision a person can ever make because in the end, it is inevitable that a marriage will end. Whether it is through divorce or death, it is important to spell out what you want to happen with you assets when that time comes.

Is joint physical custody always right for a child?

Family law courts in New York can set forth a variety of different custody plans that suit the varying needs of the different children who come through their chambers. In some cases, it may be appropriate to grant one parent the sole physical and legal custody of a child, while in others it may be appropriate to allow the parents to share both important forms of caring for their children. To this end decisions regarding physical custody must be based on the needs of the particular kids who will be subject to the orders' mandates.

At an earlier point in history, some courts sought to give parents joint physical custody as a preference, believing that children benefit from spending as much time as possible with both of their parents. However, due to the transient lifestyle that develops when a child is constantly shuttled from one home to the next, joint physical custody can be too much for certain kids to endure. As such, it is generally not a preference embraced by courts but still may be employed if it is in the children's best interests.

Children and New York's domestic violence laws

Violence or abuse that occurs between people who are related or who are in close relationships is often termed a domestic dispute. Although it is often thought of as only a problem between individuals in intimate relationships, in New York the laws regarding domestic disputes also extend to family members related by blood. This can mean that abuse committed by a parent toward their child is punishable under the domestic violence statutes of the state.

Domestic violence can take on many forms under the laws of the state. It may occur as menacing behavior or stalking, assault or strangulation. When a parent commits such actions against their child the child may be caught in a difficult situation of having to live with their aggressor.

How can you get around monthly alimony payments?

You stayed married for 15 years and your spouse never worked. You're sure the court is going to order you to pay alimony. To put it lightly, you're less than thrilled.

It's not that you can't afford it. With your recent promotion at work, you're making enough to cover a cost like that with ease. Money wasn't a problem before you got married and it certainly isn't now.

What is supervised visitation?

When New York parents end their relationship, it can be difficult for them to work out a parenting schedule. Both parents will need to follow this plan in order to ensure that each parent will be able to spend sufficient time with their kids. If they cannot come up with a workable custodial schedule and parenting plan on their own, the former partners may need to take their legal matter to court to have a judge decide when each parent will be able to be with their child. Parents may end up sharing physical custody of their child or one parent may be granted sole physical custody of them. If one parent ends up with sole physical custody, then the other parent may be granted visitation with their children

Visitation time is often set up as a recurring commitment between parent and child on a weekly basis. The parent may have the right to pick up the child at a set location and at a certain time with the return time predetermined. They may also have to abide by supervision requirements if the court imposes them on their visitation rights.

What is an uncontested divorce?

It may seem strange that some New York divorces are granted the designation of uncontested. This is because when most people think about divorce, they imagine conflict, hostility and strife. These sentiments generally do not lend themselves to calm or accepted events, and since divorces are based on the collapse of very personal relationships, it may be hard to imagine how those going through the process could be without conflict.

However, when the partners to marriages agree that their legal relationships should end, it is possible that they may be able to achieve uncontested divorces. In New York, the partners to a marital couple must agree regarding the disposition of important divorce-related matters, such as how their property will be divided and how their children will be shared in a custodial plan. If they can find these and other agreements their divorce process may be more straightforward than if disagreement and conflict existed between them.

Third party visitation rights in New York

There are several different ways that child custody cases can be resolved in the courts of New York. Parents can share physical and legal custody of their kids, one parent may be granted sole physical custody of the kids while the parents share legal custody or one parent may be granted the exclusive right to both forms of custody. However, when a parent does not have physical custody of their child and there are no other legal barriers prohibiting it, that parent may be able to secure visitation time with their offspring.

In New York, other parties may seek visitation time with children as well. Just as a noncustodial parent may petition a court for scheduled periods of visitation with their child or children, so too may other related third parties seek judicially recognized visitation periods with the kids. Particularly, grandparents who lose contact with their grandkids through separation or divorce often wish to establish custodial rights to their cherished grandchildren.

Custodial change may serve children's needs in the New Year

If a New York resident takes the step to initiate legal action against another person in civil court, then it likely means that they have weighed their options and have determined that this action is the best way to protect his or her interests. Whether they wish to prevent a neighbor from damaging their property or collect damages on a personal injury claim, a person who files a lawsuit usually does so to improve their own legal situation.

However, in the realm of family law, it is not uncommon for parents to initiate legal action in order to preserve the best interests of their children. For example, while a review of a child's custodial plan may benefit a parent through increased time with the youth or a more accommodating schedule for the grown-up, changes to an operating child custody agreement or order may not be implemented if it is not in the interest of the child.

Child custody modifications may serve your child's best interests

Often when New York parents end their relationships they have concerns over how their children will transition into their new lives. The parents may wish to eliminate as many changes as possible to their kids' schedules and keep life as normal as possible for the children despite the parents' divorce or separation.

The best interests of the children guide how parents and courts establish child custody arrangements, but it is important to remember that every family law situation is different. For this reason, a custodial plan that works for one family may be insufficient to meet the needs of another. It is also important to remember that a child custody plan that served a child early in their life may no longer be the best plan to provide them with what they need as they mature.

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