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Family Law Blog New City, New York

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

Does Your Prenup Agree With Your Will?

Many New Yorkers believe in the power of the “prenup,” or prenuptial agreement, formally known as an antenuptial agreement here. It’s researched and agreed to, then signed, to protect both parties against the unfortunate possibility of a divorce later on. (A post-nuptial agreement is the same thing but written after the date of a marriage.) A couple makes decisions with a clear head and in advance, not during an emotionally charged period when they are dissolving a partnership.

For the couple who endures the test of time, writing their wills as a part of an overall estate plan becomes an important task. A will offers guidance and direction for the surviving spouse and any children, and may also name a guardian if the children are minors.

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Can A Child Choose Their Custodial Parent?

You may have heard that a child can choose the parent with which they would like to live. It’s true, they can—when they turn 18. Many people believe that children can choose at a younger age, but that belief is nothing more than an urban myth.

Prior to age 18, New York children are subject to a custody order, and they have little or no say in the matter. Much depends on the circumstances of both parents, and the relationship the child has with both of them. The judge will hear what a child has to say on the matter, but it is not the sole determining factor.

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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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