A will, simply speaking, is a legal document which deals with who will receive your assets and handle the issues involving your estate upon your death. In addition, a will gives you the ability to appoint a guardian to watch over and raise your children should you die while they are in their minority. Wills Simplify Estate Issues A will can help … [Read more...]
Same Sex Partner Denied Custody
Judge Edmund Dane sitting in the Family Court in Nassau County on July 25, 2014, rendered a decision of first impression involving two women in a same sex relationship. The women's names were Jamie and Jan. Jamie had brought a motion to dismiss ex-wife Jan's application to the court seeking joint custody of the parties' child, John. She argued … [Read more...]
Governor Cuomo Approves New Domestic Violence Prosecution Statute
Governor Cuomo recently signed into law a bill which redefines stalking and aggravated harassment as crimes in New York. The statute goes into effect 90 days from Wednesday, July 23, 2014. Court of Appeals Sets Aside New York's Aggravated Harassment Statute In the case of People v. Golb, 2014 N.Y. Slip Op. 03426, the New York Court of Appeals … [Read more...]
Can I Modify the Child Custody Order?
Child custody orders are modifiable. However, you must establish a specific basis for the modification of the child custody order. It is important to understand if your current custody arrangements are working out well, courts are hesitant to make changes. This will put a significant burden upon you to demonstrate there has been a significant … [Read more...]
What Can You Do When the Custodial Parent Wants To Relocate With Your Children?
When the custodial parent wants to relocate, he or she should bring an application to either the Family Court or the Supreme Court in the State of New York, to get the court's permission to move away. In a perfect world, when this happens, you oppose the move and show it is not in the children's best interest to relocate with the custodial … [Read more...]
Child Abuse – Mandatory Reporters
Child Protective Services (hereinafter referred to as "CPS") and the Administration for Children's Services (hereinafter referred to as "ACS") are charged with protecting the rights of children who are unable to protect themselves. To a large extent, they do a good job. However, these agents of ACS and CPS have been known to harass families, remove … [Read more...]
What To Do if a Child Protective Services or Administration for Children’s Services Worker Contacts You
Virtually anyone can report you to Child Protective Services (hereinafter referred to as "CPS") or the Administration for Children's Services (hereinafter referred to as "ACS"). This will trigger an investigator either coming to your house or contacting you on the phone. When they initially contact you, they will advise you they need to speak to … [Read more...]
Divorce Lawyer
What should you look for in a divorce lawyer? A divorce lawyer should be someone who can counsel you. It should also be someone who can lay out a road map as to the strategy concerning how your case should be handled. Laying out a strategy in a divorce involves sophistication and knowledge as to how the courts look at a case and how to apply case … [Read more...]
Speeding Tickets
Receiving a speeding ticket can be a minor situation that requires only the payment of a fine. If you receive multiple speeding tickets or a speeding ticket for going far in excess of the speed limit, there are potential serious consequences. To start with, you could lose your driver's license. You may have problems getting car insurance or your … [Read more...]
New York’s Criminal Harassment Statute Declared Unconstitutional
On May 13, 2014, the New York State Court of Appeals (the highest court in New York State), declared New York's criminal harassment statute, Penal Law section 240.30(1)(a) unconstitutionally vague and over broad. Under the statute it is a misdemeanor to "harass, annoy, threaten or alarm" another person either in writing or verbally if it was … [Read more...]
