Five Reasons to Consider a Prenuptial Agreement

Despite the potential advantages, many people are hesitant to get a prenuptial agreement, which is colloquially known as a prenup. Some people are simply so in love with their fiance that they do not even want to contemplate the possibility that their relationship might sour at some point in the future. Others feel that getting a prenup is like dooming their relationship to fail in advance. Still, getting a prenuptial agreement is simply a part of good planning, and here are five reasons why: Continue reading “Five Reasons to Consider a Prenuptial Agreement”

Order of Protection Applications During the COVID Crisis

The coronavirus put most legal proceedings on hold for its duration, with nonessential matters delayed until courts could fully reopen. However, what many people do not realize is that this did not stop people from filing orders of protection in family court matters, helping to protect them from abusive family members. If you have been the victim of abuse or violence by a family member, you may want to seek an order of protection to keep yourself and your loved ones safe. Continue reading “Order of Protection Applications During the COVID Crisis”

Custody Rulings and Parental Substance Abuse

Divorce and custody proceedings can be a difficult processes to endure and oftentimes, they place great strain on the child(ren) involved. What makes this process even more difficult is when one parent is a substance abuser. The abuse of drugs or alcohol can significantly affect a person’s ability to function during everyday activities and may pose a dangerous risk to that person’s child(ren) if left in his or her care. As the other parent involved in this marriage or divorce with a substance abuser, there are certain legal options available to obtain custody and ensure that your children are kept safe.
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Using the SUNY (State University of New York) Cap to Determine Higher Education Contributions

Oftentimes, parents seeking to contribute to their child’s higher education are unaware of how child support may be impacted. In New York State, child support is based on a pro-rata (fewer deductions) share of parental income for the first $80,000 of combined income. Once you have the pro-rata share, the state applies a statutory percentage of income as follows:

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Taking Children Out Of The Country

Now that school has begun, many parents may be planning a family vacation outside of the United States during a holiday break. For many divorced couples, this may present certain challenges, especially for those without a detailed custody agreement. Continue reading “Taking Children Out Of The Country”

How To Establish A 50/50 Parenting Plan

legal parentsWhen establishing an equally shared parenting plan (50/50 parenting plan) it is important to develop a plan that is viable and will offer the most meaningful relationship for the children. In today’s society, many separated or divorced parents wish to be equally involved with their children’s needs, interests, and lives.  A parenting plan that is 50/50 can be created through a multitude of ways.  However, it must be developed through negotiation and compromise. It is important to remember that the plan must conform to the needs and best interests of the children. It is important to be familiar with and understand the difference between sole custody and joint custody prior to establishing a parenting plan. Working together with a legal professional to establish a plan is often key to a successful parenting plan. Continue reading “How To Establish A 50/50 Parenting Plan”

Adult Adoption Is A Growing Trend

In New York State, an individual may adopt a person over the age of 18. This grants the person over the age of 18, the legal treatment of a biological child. Adult adoption often occurs for the purpose of establishing legal rights, including inheritance or recognizing a parent-child relationship. New York State does not have strict laws governing who is eligible to adopt as well as who is eligible to be adopted. For instance, in certain states, an adoptee must be a minimum of 10 years younger than the adopter. New York State only requires that the adoptee agrees to the adoption.

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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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