BLOG

Blog

Choose A Lawyer You Can Trust in Westchester County

31 Oct, 2023
Child custody cases can get messy, especially if you do not come prepared with necessary documents and a child custody lawyer. Here are some things you should do to prepare for a child custody hearing. Get a family lawyer - One of the most important steps that you should not skip before having a child custody hearing is hiring a competent family lawyer. A family lawyer specializing in child custody cases can walk you through the process before you go to court. A family lawyer can also help you understand the legal side of your case and assist you in navigating the court system. Additionally, your family lawyer will be able to provide you with advice on what to do and what not to do while you are fighting for custody. Keep documentation of your child’s best interests - You should gather any legal documents that can prove that the child is better off living with you such as school records, medical records, and any communication that happened between you and the other parent to help support your case. A family lawyer will be able to help you decide which documents would be best to show your child is better off in your care. The judge will be looking for documents and conversations that support your claim that you have been the primary caregiver for your child. Maintain a safe and stable home environment for your child - The court wants to know and see that your home is safe, stable, and free of anything that could be harmful to your child. It is common for you to be asked about a typical day for your child and how well you can support their physical and emotional needs. Keep your relationship with the co-parent amicable - A common piece of advice that a family lawyer will give is to keep the relationship with your child’s co-parent amicable. No matter what they say to you, it is important to stay calm and respond in a diplomatic way. Contact Lauren B. Abramson, Esq if you are looking to meet with a family lawyer. She can schedule an appointment with you to see if she will be a good fit for your child custody case.
23 May, 2023
Benefits of a Collaborative Divorce
15 Jun, 2020
Have you thought about hiring a prenuptial agreement attorney? It may be helpful to know what can be covered by a prenuptial agreement. Similar to a relationship itself, a prenuptial agreement is not “one size fits all.” A “prenup” can cover a vast array of different things. There are many things that should be considered in a prenuptial agreement.
20 Apr, 2020
Since the COVID-19 pandemic has changed our everyday lives here in the United States and across the globe, we've received many questions about child custody schedules and visitation rights. Most of the time, the parent is simply concerned about spreading the virus, and is not acting out of any malice or ill will toward the other parent. While most "stay at home" orders incorporate child custody and visitation, the answer is not always straightforward. Let's say a child is in the custody of a parent who begins to show symptoms of COVID-19. It would not be in anyone's interest to potentially spread the virus by having the child live with the other parent. Similarly, if one parent has an underlying condition that makes him or her more susceptible to the virus, any custody arrangement may have to be modified temporarily to prevent its spread. Of course, these answers assume that both parents and the child have no problems with changing the custody and/or visitation schedule. We all know this isn't always the case. Please keep in mind that nearly everyone is making sacrifices during this time. If the situation becomes tenuous, be sure to keep track of all time missed using a journal or other method. Also make sure to note any reasons given for the missed time. If you feel that the child's other parent has not given you a sufficient reason, you may let him or her know, but do so respectfully and clearly in writing. Try to work with the other parent on some form of compensatory time. This way, once things return to normal, he or she will be able to make up for lost time with the child. Finally, please keep in mind that the courts are not open as they normally are during this time. While motions may be filed, no hearings will be held except in very limited circumstances. Therefore, you should not expect to gain relief from the courts right now. While we understand this may not be the answer some of our clients wanted to hear, we must advise that you try and work together during this difficult time, and place the child's interests above all else. Please feel free to contact the offices of Lauren B. Abramson, Esq., a family lawyer and mediator serving Westchester County, NY if you have any additional questions. Check out the article linked below as well to learn more about custody determinations: Op-Ed from Judge Jeffrey Sunshine: Custody and Visitation During the Current Pandemic
By lemaster 04 Aug, 2017
Social media searches often provide electronic evidence in divorce cases — but make sure not to overlook the hard drive. While Internet infidelity leaves its footprints in chat rooms and email, information essential to your divorce matter could also reside on a home or business computer. New York follows a rule of equitable distribution . This means a court splits the assets and property of your marital estate fairly — not necessarily equally — by dividing wealth based on documents and evidence offered by both parties. In many cases, one party deletes or revises important financial information stored on a computer. What can you do? Forensic computer examination is essential to ensure the details of a marital estate are clear. During a divorce, consider requesting the cloning and/or imaging of hard drives from devices including: Computers and laptops Personal digital assistants Cell phones and digital cameras Even if business and personal information is deleted or revised, a forensic expert can usually restore data and offer testimony on the intended deception. Basic material reviewed during an investigation includes: Saved and named files Deleted and revised files Temporary files File slack that may contain unintentionally saved information Courts take a dim view of parties who conceal assets and destroy evidence during a divorce matter . Inside or outside of your computer, electronic data can influence custody, alimony or property division. As previously discussed in an earlier blog post, social media searches can locate unwitting — and potentially damning — comments that can be used in court. Thorough forensic investigation of a hard drive could also reveal useful financial or personal information. When you need to get to the heart of the matter about the use of electronic evidence during divorce in New York, speak with an experienced family law attorney in White Plains. Call today .
By lemaster 04 Aug, 2017
Paternity is the legal term for determining the father of a child. In New York, when parents are married at the time a child is born, the husband is presumed to be the father. Parents can also establish paternity through a voluntary, signed acknowledgement, or, when there is disagreement, through a court order. Whether the parents agree or disagree on who the father is, establishing paternity is important for both parents and children. For children, paternity has a significant emotional benefit in that it gives them a sense of identity and the reassurance that both parents care about them. This also gives children valuable insight into their family medical history. In addition, paternity provides the child with financial support by both parents: Child support Social Security benefits Veterans’ benefits Medical and insurance coverage Inheritance Mothers and fathers also benefit from establishing paternity. For mothers, paternity means you can share responsibility for your child, including care of the child and financial support, insurance benefits, medical coverage and other benefits. If a father disagrees, paternity may be the only way to obtain a child support order and enforce it. Mothers also benefit from knowing the father’s medical history when treating young children. There are many reasons for fathers to seek a paternity establishment. Without a determination of paternity, a father may have no right to custody of his children, including parenting time and decision-making rights in the upbringing of his children. Paternity also gives a father the right to be informed about adoption proceedings, as well as other legal proceedings. For example, if the mother wishes to give up the child, the child has been removed from her care, or if the mother has remarried and her new spouse wishes to adopt the child, a paternity order may be useful for the father. Without paternity, a father’s rights to his child could be cut off by the new husband. Paternity establishment may be as simple as seeking genetic testing and a court order or as complicated as proving the husband at the time of birth is not the real father. An experienced New York family law attorney can assist parents and children through all types of paternity issues and related matters.
04 Aug, 2017
The flu isn’t the only thing families should watch out for this season. According to a new study from Brown University, divorce may also be contagious. Research by Brown University political science professor Rose McDermott, and colleagues from Harvard University and the University of California, San Diego, shows that divorce spreads through social networks like a disease. According to researchers, this “social contagion” occurs when divorcing couples spread information, attitudes and behaviors through their social network, including coworkers, friends and family members. Data collected from 12,000 people over three decades revealed a startling trend: The divorce of a close friend increases your likelihood of divorce by 75 percent A coworker’s divorce increases your likelihood of divorce by 55 percent The divorce of a friend of a friend increases your likelihood of divorce by 33 percent A divorced sibling increases your chances of divorce by 22 percent Physical proximity matters less than emotional or psychological closeness and, while the “divorce disease” spreads even to friends of friends, thankfully that’s where it ends. This means a divorce three degrees removed from you — your friend’s friend’s friend — should not have any effect on your likelihood of divorce. Psychotherapist Talia Filippelli has a different take on the divorce study . According to Filippelli, divorce itself is not contagious, but emotions often are. For example, if you are frequently around someone in an unhappy relationship, you can become more critical of your own relationship, increasing the probability of divorce. Filipelli suggests avoiding associating your own relationship with that of your friends, while McDermott believes you can avoid the divorce contagion by providing support for the marriages of your friends. If you are contemplating divorce , or want to avoid it by enumerating each spouse’s rights and responsibilities in the marriage ahead of time, an experienced family law attorney in Westchester and Putnam counties can help. Call today .
By lemaster 04 Aug, 2017
Child support can be an essential part of a divorce or custody arrangement, but sometimes obtaining the initial order for support is only half the battle. Even after a support order is issued, many parents fail to pay, miss payments or stop paying over time. Child support enforcement is key to ensuring your children benefit from the standard of living of both parents and have the financial support to pay for daily needs such as food and clothes, school, medical care and other costs. In many situations, parents can enforce child support orders through administrative procedures without going to court. In an administrative proceeding, notice is sent to the parent who owes support explaining when payments are due and how to comply or challenge the enforcement action. In New York, child support enforcement services are provided by local Child Support Enforcement Units and Support Collection Units. These units provide a variety of services for collecting child support , including overdue support, by: Locating parents who owe support Collecting, tracking and disbursing child support Collecting child support automatically through payroll deductions from the noncustodial parent’s paycheck Collecting child support through other enforcement actions Referring the case for collection to the New York State Department of Taxation and Finance To request an enforcement action through the court, you must file a petition with the Family Court for willful nonpayment or violation of a child support order. After evidence is presented in a court hearing , a judge or support magistrate may enforce the order in a variety of ways including issuing a money judgment or sentencing the parent to jail for up to six months. Enforcing an order in court may be the only solution against a parent who willfully fails to pay child support. A knowledgeable family law attorney in Westchester and Putnam counties can guide you through your enforcement and collection options to help obtain the financial support your child needs. Contact us today .
By lemaster 04 Aug, 2017
So much can change after a divorce. Ex-spouses may remarry, obtain new jobs or promotions, lose income, or relocate. The needs of children may change or be affected by their parent’s decisions. When circumstances change significantly after a divorce, it is time to seek a modification. Modification of child custody Parents and children can face a change in circumstances after a final order that necessitates a modification in custody arrangements. Parents can agree to modify a custody order or go to a court for a hearing, but either way the court reviews the proposed changes to ensure they are in the best interest of the child. In order for a court to approve a modification, a change in circumstances must also be substantial, such as: Relocation Remarriage Financial changes, such as a new job or promotion, loss of employment or transfer Changes in physical or mental health Changes in the relationship between the parents Increased or decreased parental involvement Domestic violence or criminal conviction of a parent Other changes making the arrangement difficult to follow Child support modifications Child support is calculated based on guidelines that take into consideration factors such as the parents’ incomes and the number of children. When there is a substantial change in circumstances, child support may be modified , such as when: A parent loses his or her job or income or gains income. There is a change in physical custody or parenting time. The child’s costs increase. Child support may also be adjusted for cost of living. Modifying alimony In general, spousal maintenance is awarded for a certain length of time, such as for a set period, temporarily until a spouse secures employment, or permanently until the spouse receiving support either dies or remarries. However, a spouse may seek a support modification when there is a significant change in circumstances regarding finances, including job loss or promotion, inheritance, illness, or a good faith retirement. Changing a final divorce, custody or support order is not always easy, but an experienced New York family law attorney can make the situation manageable and provide the support families need. Call today .
By lemaster 04 Aug, 2017
Domestic violence is a serious — sometimes deadly — problem for family and household members in New York and across the United States. Such violence can include all types of abuse, including physical, sexual, psychological, emotional and financial. In New York, a domestic violence victim can file a petition in Family Court for an order of protection against an abuser when the parties: Are related by blood or marriage Are or were legally married Have a child together Are or were in an intimate relationship The goal of an order of protection is to restrict the actions of an alleged abuser, including forbidding the abuser from injuring, threatening or harassing you or your children. It may require the abuser to do any number of things: Leave your shared home Stay away from you and your children Follow custody arrangements Not carry a gun or other weapon or surrender to the Police Department a gun or other weapon Domestic violence may affect many different aspects of divorce and child custody arrangements. If a parent is found guilty of domestic violence by a preponderance of the evidence, he or she may face the loss of child custody, restricted or supervised visitation rights, or restricted contact, depending on what the court determines is in the child’s best interest. Many parents who are victims of abuse are afraid to file a petition for child support because of their fear of violence. However, parents who are victims of domestic violence can request to have their information kept private, including removing addresses from court forms, keeping work and residence addresses private and leaving the court separately. When awarding spousal maintenance , courts may consider domestic violence as a factor when it inhibited or continues to inhibit a spouse’s earning capacity or ability to obtain meaningful employment. Allegations of domestic violence are serious and should not be taken lightly. Spouses and parents who are wrongfully accused of abuse face serious repercussions and should act quickly to protect their rights. A knowledgeable family attorney in Westchester and Putnam counties in New York can provide families with the help they need to protect their rights and safety during divorce.
Show More
Share by: