Most orders of protection issued by New York Family Courts pursuant to family offense cases are for a period of 2 years. Sometimes an order of protection case is settled by the parties with the respondent (alleged abuser) agreeing to an order of protection without making any admission of wrongdoing. Orders of protection issued pursuant …
The New York Family Court has the power to issue temporary and final orders of protection based upon violations of certain sections of the New York Penal Code. A violation of any of these sections constitutes what is called a “family offense”, and includes such crimes as assault, menacing, stalking, malicious destruction, and others. A …
Family Court Orders Of Protection For Harassment Read More »
If you have an order of protection case against you in the New York Family Court, it may be very important that you resolve this case in order to avoid potential problems with your job or, if you are not a US citizen, to avoid immigration issues. Additionally, an order of protection issued against you …
I am a child support lawyer, and family law trial lawyer, who takes cases in Manhattan, Brooklyn, and Staten Island. I have been practicing in the Family Courts of Manhattan, Brooklyn, and Staten Island, since 1995. I do not do divorce cases. In order to be a truly affordable Staten Island child support lawyer, I …
Child Support Articles / By Paul Matthews A cost of living Petition, also called a “COLA”, is a petition which is usually filed automatically by the local child support agency, when the cost of living, as measured by the Consumer Price Index has gone up more than 10% since the date of the last child support …
Cost Of Living Adjustments (COLA) What You Need To Know Read More »
This article discusses the differences between custody and guardianship orders for children under 21 years of age. It does not discuss cases brought in Supreme Court to appoint guardians of incapacited adults under Article 81. It is important to realise that although guardianship cases involving incapacitated adults can deal with both guardianship of the incapacitated …
Custody Vs. Guardianship Orders, New York Differences Read More »
Statistics show that courts award custody of children to fathers somewhere between 11 and 15 percent of the time. In New York, many years ago, there used to be a presumption in the law that mom should have custody of young kids. This was called the “tender years doctrine”. The tender years doctrine was repudiated …
Contested custody cases often have an in camera interview by the judge of the child or children. While not required by law, typically judges will order an in camera of older children if either party, or the attorney for the child requests one. The purpose of the in camera is for the children to be …
In Camera Interviews In New York Child Custody Cases Read More »
When a case involves a contest between a grandparent and one or more parents, under New York Law, the non- parent has the burden of proof, and must show two things: First the non parent must prove something called “exceptional circumstances”. Assuming that the non parent can prove exceptional circumstances, he or she must also …
For some years, parents who have “high conflict” custody or visitation cases in the New York Courts, have occasionally used professionals, usually lawyers or psychologists, as “parenting coordinators”, sometimes called parenting coaches. In the past, the use of a parenting coordinator (also known as a parent coordinator) was optional and was almost never mandated or …
Parenting Coordinator’s Role In NY High Conflict Custody Cases Read More »
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