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New York Child Custody Laws: When Can a Grandparent Take Custody?

Parents have a fundamental right to their child. In fact, in the 2002 case of Troxel v. Granville the Supreme Court of the United States made it clear that parents have a constitutional right to care for and control their children. Yet, New York state law also recognizes that there are circumstances in which a…
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How to Prepare for Divorce Mediation in New York

The vast majority of divorce cases never go to trial. In fact, according to a report from CBS News, 95 percent of all divorces are settled outside of a traditional courtroom setting. There are many different ways to reach a divorce settlement. For many New York couples, divorce mediation is the ideal method to resolve…
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What is a Guardian Ad Litem?

Are you currently involved in a fiercely contested divorce or child custody dispute in New York state? If so, a judge may decide to appoint a guardian ad litem to represent the best interests of your children. This individual, typically an attorney, is tasked with ensuring that your child’s rights are always fully protected during…
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Enforcing Child Support Payments

Parents have the legal duty to provide for their child. While you cannot force someone to be a part of your child’s life, you can get an order enforcing Child Support. Whether you are divorced or a single parent, a child support order can ensure your child gets valuable benefits they may be entitled to, while…
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Protecting Yourself Against Domestic Violence

Domestic Violence can occur between spouses or other family members. It may range from angry outbursts and controlling behavior to physical or sexual assaults, resulting in serious and potentially life-threatening injuries for victims. The courts take accusations of domestic violence seriously, and an experienced family law attorney can help you in taking the actions needed…
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Child Custody and Timesharing Plans

Few issues are more sensitive and potentially volatile in family law proceedings than matters impacting children. Whether you are unmarried or are going through a divorce, both you and the other parent have rights and responsibilities as parents, and in cases where custody is contested, it is the court's job to intervene and ensure the…
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If Child Support Ends, Does Spousal Support Increase?

Child support and spousal support (sometimes referred to as alimony) have different purposes and are often awarded independently of each other. Child support typically ends when the child turns 18 or graduates high school (if he or she turned 18 before they graduated). This money is meant to be used to for the expenses incurred…
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I Was Served Divorce Papers. Now What?

Even though a marriage has turned sour and started to unravel, it can still come as a shock when divorce papers are served. Getting an official document issued from the court with your name on it under the title, “Original Petition for Divorce” makes it a reality. Now what? Original Petition for Divorce If your…
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Divorce Outside of the Courtroom – When Mediation is an Option

Mediation can be a powerful method to resolve disputes between parties without involving the costs and delays of the court system. During this process, a trained mediator helps the parties come to a solution that is optimal for all, but not without compromises. While some divorces require court intervention, those that can be settled through…
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