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Family Law Blog New City, New York

News and insights about divorce and family law in New York.

Why Choose An Uncontested Divorce In New York?

Divorce is always an emotionally trying time for everyone involved. Just the decision can be painful and heartbreaking, especially if there are children involved.

You may know someone whose divorce seemed to take forever. That may be because of issues that took time to resolve. Child custody, property division and financial affairs are some of the most common sticking points in a divorce. They can take months or even years to resolve before finalizing.

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Consequences Of Violating A New York Visitation Agreement

After a relationship ends, children benefit best from an uninterrupted relationship with both of their parents. If one parent violates the visitation and/or custody agreement, it can change the child’s relationship with the parent.

Arrangements can occasionally become an obstacle when it is time for visits. It’s always important to be on time when meeting your children for scheduled visitation, whether you’re picking them up or returning them to their other parent. Even with a valid reason, the other parent will likely take notes of occasional tardiness.

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What Happens To Children of Unmarried Parents In New York When They Split?

 

Most people think that family law is mostly about divorce, child custody, and child support. But in addition, family law also deals with the rights of parents who are not married when their relationship ends.

In a divorce situation, the law presumes that the husband is the father of all the children. Then the family court follows the procedure to decide child custody and child support.

Because there isn’t a formal and legal relationship between the two people, there is no need for a divorce proceeding.

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Are Jury Trials Disappearing?

 

Most people are familiar with divorces that make the news when they head to trial. They can take months or even years to resolve, and be very costly. Divorces that don’t make the news can be just as difficult.

But jury trials for divorces—as well as other civil cases—are actually decreasing in favor of alternative dispute resolution (ADR), including mediation. Parties who choose mediation frequently settle without the need for a trial, and walk away with a more favorable outcome.

A recent study by social scientists Shari Diamond and Jessica Salerno, published in the Louisiana Law Review, examines the sharp decline in overall cases that involve a jury trial. Although 80% of civil attorneys interviewed believe that a jury trial is worth the money it costs. Mediation and other ADR decisions are more client-driven because of the cost and the uncertainty.

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How an Attorney for the Child Can Help New York Children

An Attorney for the Child, also commonly referred to as an “AFC”, can be appointed by the Court to represent any child (from birth to 21 years of age) who is subject to a Family Court Petition. Empowered by the Family Court Act, an AFC gives the child a voice in family legal disputes. The Attorney for the Child is literally that: they represent the child’s wishes and feelings directly, and not those of the child’s parents. The attorney has the same ethical and legal responsibilities to the child as they would to an adult client.

What Does an Attorney for the Child Do?

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