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Family Law Blog New City, New York

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

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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How To Make Your Visitation Schedule Work During Covid-19

One of the many ways that the Covid-19 pandemic has upended families is that it has thrown many custody and visitation situations into disarray. In addition to worrying about the health of their children, some parents have the added stress of adhering to their visitation schedules in light of social distancing, stay-at-home orders, and other novel restrictions that have come as a result of the unprecedented pandemic.

Many parents are surprised to find out that, despite Covid-19-related restrictions, child custody orders are still legally binding exactly as originally ordered; parents who violate their visitation schedule without the consent of the other parent or without a temporary custody order can be found in contempt and be sanctioned by the court. Sanctions for violating a custody and visitation orders can be severe, including loss of custody.

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The 4 Basic Steps in New York’s Child Custody Mediation Process

Child custody agreements don’t have include bitter court battles; with the help of an experienced New York child custody mediator, you can achieve a custody and visitation schedule that is right for your family in just 4 easy steps.

Step 1: Choose the right mediator and have initial meeting

First, choose the best mediator for your needs. Your mediator should have experience mediating child custody cases similar to yours, be able to provide information and answer questions in an accessible way, and excel at both compromise negotiation and communication.

At your initial meeting, your mediator will discuss the mediation process including what to expect during future conversations, explain certain rules that apply to mediation such as confidentiality, and answer any questions you or your spouse may have.

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Pros and Cons of Uncontested Divorces in New York

For those who qualify, an uncontested divorce can be faster, cheaper, and better for the long-term post-divorce relationship of the spouses.

To find out more about uncontested divorces in New York, including eligibility requirements, advantages and disadvantages of an uncontested divorce, and how to receive a personalized consultation with an experienced divorce lawyer, read on.

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New York Divorce Mediation and Nesting

One of the hardest struggles for families going though a divorce, especially those with young children, can be the division of the family into two separate homes. For children, the process can increase feelings of upheaval, stress, and loss while parents may struggle with the financial burden of acquiring a second home, paying property taxes, and the cost of replacing household items that became property of the other spouse at the conclusion of the proceedings.

Some families, however, have developed their own unique way to slowly progress towards living in separate homes: “nesting” or “bird nesting” has become a smart option for families that want to reduce upheaval in the home and save money on expenses.

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