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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Collaboration for Co-Parents Is Key During the Summer Months

Summer break can be complex for divorced or separated parents. While children are off from school, making child custody arrangements for their daily activities or summer vacations may become problematic. It is important to remember that consistent and responsive communication will benefit all parties involved, resulting in a less complicated summer.

Here are a few tips for co-parenting in the most effective way:

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Losing Custody Due To Mental Illness

In many instances, parents suffering from mental health issues may not seek help due to the fear of losing custody of their children. In some states, a parent may lose custody of their child, if they are suffering from mental illness.

According to studies, 70 to 80 percent of parents suffering with mental illness lose custody of their children. If the parent becomes hospitalized in a psychiatric center then the children are often raised by grandparents or other relatives. Those without extended family are placed in foster care.

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Establishing A Father And Child Relationship May Preclude DNA Testing

According to the 2007 New York Family Court Act, paternity proceedings may be started at any time from pregnancy until a child is 21 years of age. If a motion is made by either party to perform a DNA comparison, the court may order the genetic testing unless the test is not in the best interest of the child. If testing is not within the best interest of the child, the court must provide in writing whether it is due to “equitable estoppel, the presumption of legitimacy of a child born to a married woman, or res-judicata, which means the issue has been judicially determined.”

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Equitable Distribution

In New York State, the law provides for an “equitable distribution” of assets and liabilities that were accumulated throughout the duration of a marriage. The majority of the accumulated assets obtained during the marriage are considered to be marital with a few exceptions. The first step in determining equitable distribution is to evaluate the total assets and liabilities. If an individual is considering filing for divorce, it is important that he or she determines what constitutes marital and separate property as early as possible.

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Unique Tri-Custody Case in New York

A recent New York child custody case involved the custodial rights of three parents. The child custody case involved a married couple, Dawn and Michael, who had a relationship with their neighbor, Audria. Audria and Michael had a child together. Michael and Dawn separated, and Dawn and Audria moved in together. When the child was born, the three parents worked together to raise the child.

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Filing Taxes While Going Through a Divorce

When individuals are in the middle of their divorce proceedings, filing taxes may be the last thing on their minds. However, many who are in the midst of a legal divorce may have similar concerns when it comes to how they file their taxes. Do I file jointly or separately from my spouse? If we file jointly, how should the refund be paid to each party?

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A Look Into New York’s First Case Under New Definition of “Parent”

The New York Times reports that the first case to test New York State’s new definition of parent is underway. On August 30, 2016 the New York Court of Appeals issued a monumental decision regarding the definition of “parent” in relation to visitation and custody determinations. The case of Brooke S.B. v. Elizabeth A. C.C., held that after a party proves “by clear and convincing evidence” that both parties had come to an agreement to conceive and raise a child together, then they will be deemed a “parent” in relation to seeking custody and visitation. Prior to the ruling, New York law held that only an adoptive or biological parent had the ability to seek custody or visitation.

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2016 Provided for Many Changes in New York State Matrimonial Matters

Over the last two years, New York State has enacted new legislation, forms, and rules aimed at providing more efficient and effective adjudication of matrimonial matters. Parties of matrimonial actions in New York Supreme Courts now have a greater access to legal services and more protection of confidential information. In 2016, the changes accounted for a significant change in the process and the practice of matrimonial law in the state.

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New York Orders of Protection

An Order of Protection (OP) is a Court Order mandating an individual to either refrain from certain behaviors against specified individuals, or to stay away from the protected party entirely. The purpose of an OP is to protect the alleged victim from harm. Most often OPs are directed in response to incidents of domestic violence. Multiple courts have jurisdiction to issue OPs, and all orders require the restricted individual to surrender any firearms they may have.

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Couple Alleges Abusive Treatment of Daughter at Daycare

Recently, a Long Island couple has filed a notice of claims against several agencies due to the abuse their 21 month old daughter endured at a daycare facility.  The couple has notified the Southampton Town authorities, Suffolk County Child Protective Services, The New York State Office of Children and Family Services, and the New York State Board of Regents.  The complaint alleges that their child had been “yanked out” of a high chair, slammed into a crib, and forcibly fed until she vomited.  Two employees have since been terminated and arrested due to this and other instances of abuse that had gone unaddressed by the facility’s owner.

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Reviews

Great experience always. They are so kind and helpful. Thanks for everything.
Response from the owner:Thank you Sindy!
Response from the owner:Thank you Amilcar. Glad we could help you!
This is a great firm of lawyers. Brett Bennett handled my case professionally. It took only one meeting to give me a clear explanation and guidance about my traffic tickets and after a month it was all resolved! I avoid getting points on my license thanks to the great work they do I highly recommend it. Using their service. They absolutely the best you..
Response from the owner:Thank you Ariel. We are glad to have gotten you such a great result.
Excelente servicio, desestimaron los múltiples cargos por infracción de tránsito a mi hijo, te brindan tranquilidad, seguridad, despejan tus dudas. Profesionales en todo el sentido de la palabra. Súper recomendados. Gracias de corazón por su valiosisima ayuda.
Hands down the hardest working and most professional attorney I have ever had on retainer. Mary Pelaez is incredible and is worth every penny she charges. Do yourself a favor and only hire the best!
Response from the owner:Thank you Mr. Hicks for taking the time to let us know you were happy. It was our pleasure to represent you.
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