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New York City Divorce Blog

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.

Hidden assets can impact asset division in New York divorces

One of the most contentious issues in many divorces is how assets and debt acquired during the marriage are split between spouses. Unless there is a prenuptial agreement on record, you have two basic approaches to asset division. One involves a non-contested divorce, where you and your spouse agree to specific terms for asset division prior to filing with the courts. The other involves asking the courts to handle the asset division process for you.

When the courts decide how to divide your assets during a divorce, it can become nearly impossible to accurately predict the outcome. This is due, in part, to the unique nature of each marriage. The courts must consider a variety of factors when determining how to fairly and equitably split up any possessions and debts. If they don't know about certain assets, however, it may be difficult or impossible to obtain a fair division of assets.

When might a person need a prenuptial agreement?

Amidst the important decisions that New York couples must make when preparing to marry is the not-so-romantic choice of whether the partners should draft a prenuptial agreement. A prenuptial agreement, also called a prenup, is a contract that stipulates what property is under the separate ownership of the soon-to-be married partners, how their shared property should be divided if they divorce and other financial issues that could complicate their separation if their marriage does not last.

Prenups cannot be used to make any custody decisions since courts must ensure that the best interests of the children are protected when such matters are negotiated. Prenups can, though, help couples talk out their concerns about money and property before they are legally bound to each other through marriage.

Residency requirements for a New York divorce

When a person in New York decides to initiate a lawsuit, it is important that they choose the proper jurisdiction in which to file their matter. For example, if the person is suing a company that they have contracted with, their agreement may dictate where any lawsuits must be filed. If a person has a dispute with their neighbor they will generally file their lawsuit in the community where the individuals live.

Matters of family law are often handled in the courts of the state where the residents live. However, from time to time with regard to divorce cases the partners to a marriage may live in different homes or even separate parts of the country if they are separated. In order to file for divorce in New York, a couple must in some way be connected to the state through residency.

Television star arrested on domestic violence claims

As many married New Yorkers can attest, living with someone and sharing one's life with a partner can be both beautiful and challenging. While it is wonderful to have a committed relationship on which the partners may build trust and love, it can be difficult to adapt to the many changes one must accept in order to successfully live in a marriage. Not all marriages last, as readers of this family law blog may know, and an unfortunate number of couples experience extreme emotions that can sometimes turn into more serious actions.

As previously discussed on this blog, domestic violence is a form of abuse that happens between individuals who are or who were once in relationships. While in many cases it seems that men are more prone to be aggressors in domestic violence situations, women can and are domestic violence abusers as well. Recently a popular television actress was arrested for allegedly committing domestic battery upon her estranged husband.

Take steps to end the pattern of domestic violence in your life

It is a heartbreaking reality that many people in New York suffer in silence as the victims of domestic violence. It is not always possible to tell if a person is a domestic violence victim just by looking at them, as domestic violence is more than just physical violence. Domestic violence can involve emotional and psychological harm, physical and sexual abuse and other damaging means of inflicting misery on members of the aggressors' households.

It is also heartbreaking that in many cases it is up to victims of domestic violence to end the patterns of violence that plague their lives. Rare is the aggressor who will simply stop terrorizing their victim; aggressors often do not stop their behaviors until they are forced to do so through legally enforceable tools such as protective orders.

Understanding how NY courts divide retirement accounts in divorce

Planning for retirement is, in many ways, a guessing game. You save a portion of your income to offset future expenses. You have no way of knowing how inflation will impact the buying power of your retirement funds or what expenses could increase substantially in the future. Still, you estimate your needs based on your current income and standard of living and try to plan ahead for your later years.

One thing very few people plan for when thinking of their retirement is divorce. Going through a divorce can impact your financial situation in a number of ways. There are costs associated with divorce. Generally speaking, the more contentious your divorce, the more expensive it becomes.

Do New York domestic violence protections extend to ex-spouses?

New York residents often change relationships over the course of their lives. Whether they date several people before they marry, spend their lives in unmarried partnerships or enter into subsequent marriages after ending prior unions, many people do not spend their lives with the first people they form intimate relationships with.

Domestic violence is a problem that plagues all types of personal and intimate relationships. It occurs between individuals who bind their lives together in marriage, those who form relationships without legal commitments and those who previously shared intimacy but who ended their affiliations. Because domestic violence can extend beyond the ending of a relationship, a person who was formerly married to their abuser may still claim domestic violence protections in the courts of New York.

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