Five Things You May Want to Know About Visitation Rights

Visitation rights are often a contentious issue in any divorce where minor children are involved. Often, they cause just as many issues as arguments over child custody, and some people conflate the two issues, even though they are not one in the same. Here are five things you should know about visitation rights if you find yourself in this sort of dispute: Continue reading “Five Things You May Want to Know About Visitation Rights”

What Makes a Divorce “No-Fault?”

There is a chance you have heard of “no-fault” divorce, especially if you have been considering getting a divorce yourself. For many people, it can seem like an odd term, especially when many no-fault divorces still wind up being incredibly contentious. But what is it that makes no-fault divorce special, and what is the alternative? Continue reading “What Makes a Divorce “No-Fault?””

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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