How to Decide Who Gets The Kids on the Holidays From a Family Attorney

As a local family attorney, many of our clients are concerned about how time with children will be shared around the holidays.  This is a common worry when couples are divorcing because there are certain days like Christmas and birthdays that are equally important to both parents and the children. When couples are no longer together, there is no choice but to share the children’s time and the reality of this is that someone will be sacrificing something.  Our goal is to make sure that the schedule is the best that it can be.

When going through a divorce, you can either work with your spouse by yourself or in mediation to come up with a parenting plan.  This plan will list out where the children will be every day of the week.  It goes into detail by saying who has them on each holiday, what year they are with each parent for certain events and it can even explain how drop off or pick up is supposed to be handled.  If you can reach a decision for these things without going to trial that is advisable since it gives you the most control.  Otherwise, the judge will decide what parenting plan to certify.

As a family attorney, our clients often ask us what is normal for custody schedules.  The reality is that there is no one size fits all schedule and yours needs to be what will work for your family.  With that in mind, the one caveat is that the judge must feel as though the plan is sustainable and will be easy enough to follow that it doesn’t lead to unnecessary future conflict.  When plans are confusing, it is more likely that parents will end up back in court. 

If you are getting divorced and need ideas for how to share holidays, here are some common schedules that we see.

Christmas Break
When parents live in different geographic areas, it is usually easier to split the Christmas break by either rotating each year or one person getting the children through Christmas, with them traveling the day after.  This is one of the easier schedules for children since having them fly on Christmas Eve or Christmas day can be considerably challenging.

Split Days
When both parents live in the same town or within two hours of each other, it is easier to split the days so that one parent has them on Christmas Eve with the other having them Christmas day.  If you live too far apart this becomes difficult for the kids since driving too far on a holiday isn’t very fun.  It is normal to see schedules like this where the parent, that has them on Christmas Eve, keeps the children for a full week before and the other parent has them for the week after.

Shared Holidays
This can be difficult, but it is possible.  If you and your ex still live in the same town or even neighborhood, it is possible for the children to spend half of the day with each of you.  Typically this only works in situations where parents are friendly and have a good relationship.  Otherwise, it will create unnecessary tension on days that are supposed to be enjoyable.

As a family attorney, we can give you additional information and advice on how to structure your parenting plan and share holidays in a way that works for everyone. 

What You Need to Know About Fathers Rights and Family Law

While practicing family law, we work with a lot of fathers that want to see their children but are unable to do so because of the mother.  It is important to note that just because the mother doesn’t want you in the child’s life, doesn’t mean that she has the right to make that decision.  The courts tend to believe that it is in the child’s best interest to know both parents and it is our job to build a case that demonstrates just that.

If you and the child’s mother were married, the case is easier because a judge will determine custody during the divorce proceedings.  It is presumed that you are the father if the child was conceived during the marriage, and we can fight to ensure that you can see your child (children) as much as possible.  If, however, you were not married when the child was conceived, you will have to prove that you are the father.  This is called establishing paternity, and it is done either by a DNA test or both parties agreeing and signing an acknowledgment of paternity that is then filed with a local agency or the court.  

When a mother denies that you are the father, but you believe that you are, we must petition the court to have a DNA test conducted.  Family law gives you the right to know if a child is yours and this is the best way to prove it.  If the DNA test comes back positive, we can move to the next step and petition for custody or visitation. 

There are several ways to get custody or visitation.  The easiest one is to negotiate with the mother.  As a family law attorney, we can help with this process, and if an agreement can be reached, a parenting plan can be drafted for both parties to sign.  A parenting plan is a detailed agreement that lists out where a child will be every day.  For example, who will they be with on the weekends, during school, on breaks, birthdays, etc.  A parenting plan is incredibly detailed, and when done correctly, there is no room for a gray area. This is an important tool for preventing conflict later on as a good parenting plan cannot be misinterpreted. 

If the mother does not want to negotiate or give you visitation, you will be forced to go to court.  We can petition the court to give your rights as a father.  Before doing so we will work with you to draft a parenting plan the way that you would like to see it while also gathering witnesses and evidence that demonstrate you are a responsible and upstanding citizen that would be an equally responsible father.  Things like showing that you are employed with a stable living environment will help the judge to believe the child will be safe and cared for.  Demonstrating close family support can also be helpful.  As a child custody attorney, we can walk you through the various pieces of evidence that can make your case stronger.

If you need help protecting your rights as a father, give us a call. 

A Criminal Attorney Explains New York’s Money Laundering Laws: What You Need to Know

You need to speak with a criminal attorney if you have been accused of money laundering.  Most people think of a mob ring when they hear the term “money laundering”.  In the real world, people are accused of this crime even if they aren’t part of an organized crime syndicate.  In fact, some people are charged with money laundering that had no idea they were involved in the scheme.

The process of money laundering is when funds that are acquired through criminal activities are hidden from the government in an attempt to make the funds seem legitimate.  By attempting to hide the source of the funds, a person would be “washing” the money, thereby “money laundering”. In the movies, this typically involves a high-powered banker and a mob boss. In real life, this could be as simple as purchasing an item in cash so as to avoid the paper trail after the funds were received from illegal activity.

In New York, you can be charged with money laundering if you committed a crime in or out of the state, as long as it breaks a state law.  Some of the common and basic forms of laundering are receiving funds from doing something illegal like selling drugs or pirated movies, and taking those funds to go and purchase an item;  for example, buying a car with drug money.  The funds exchange hands in an effort to hide the source of cash and keep it from the watching eyes of the government.  Otherwise, if the funds were obtained legally, such as from an employer, they would probably be deposited into the bank.  As a person receiving the funds, you could be implicated in a money laundering scheme.  This makes it important to carefully consider why someone would be paying you in cash or through some other strange means.  As with the car example, if you are selling used cars and continually get customers paying in cash, ask yourself why and if it could be connected to criminal activity. If you think that you may be involved in something, hire a criminal attorney to protect your rights.

Other financial transactions that could be deemed part of money laundering activity are: loans, purchases, sales, transfers of title, extensions of credit, wire transfers, payments, currency exchanges and more.  Any time that you engage in a financial transaction ask yourself if anything seems strange or out of place before proceeding.  You could be charged with a crime, even if your involvement was completely innocent.

As a criminal attorney, we can make sure that your rights are protected. Some of the common defenses for money laundering are:

• Lack of intent to commit a crime.  If you were unaware that you were committing a crime, you could not have planned for doing so. 
• Not knowing where the funds came from.  If you sold your car to someone that paid for it with drug money, you could be guilty of money laundering. However, if there was no way for you to know that the funds were obtained illegally, that can be your defense. 

If you are fearful that you may be charged or implicated in a money laundering scheme – give us a call. 

A New York Family Lawyer Can Help You to Get a Protective Order

As a family lawyer, we can help you to get a protective order in to prevent someone from coming in contact with you or your children.  There are many reasons why a protective (restraining) order may be necessary.  Domestic violence, a potentially violent divorce case, stalking, threats, etc. can all lead to the need for a protective order to make sure that you and your children are safe from the threat of violence.

While some cases, like domestic violence, will trigger the need for a protective order, you still need an attorney to follow through and make sure that it is issued and includes all of the necessary provisions in order to keep you safe. For example, your order needs to list out where you work, where your children go to school, where you and your family live.  Including these locations is important for keeping that individual away from you.  Otherwise, they may get around the protective order by not coming to your home but continuing to stalk you or your children at work and school.

Once all of the important areas are listed, the protective order does not allow a person to come within a certain distance of you.  If, as an example, your home is included and they meet the neighbor, they may be unable to go to the neighbor’s home because it is within a certain number of feet from yours. In this way, a protective order ensures that you won’t “run into” them while taking out the garbage or getting your mail.   It allows you to feel safe in your own home again.  As a family lawyer, we value the safety of our clients and will work with you to make sure that the protective order is thorough enough for you to feel comfortable.

In New York, there are additional provisions within the law that can benefit you.  For example, you may be entitled to attorney’s fees if you win the protective order.  This way if an ex-spouse is threatening you or you are being stalked; that other party would have to pay the attorney’s fees you accrued in order to protect yourself from them. This helps to further protect the victim.

A protective order can also force an individual to move out of a home they share with you. In the case of an abusive spouse, this is extremely important. By forcing them to relocate, you and your children have a place to live and your life is not disrupted any further.  This portion of the law attempts to inflict justice by forcing the abuser to suffer the inconvenience, rather than placing it onto the victim.

Once a protective order is in place, it call also prevent them from contacting you in any way.  This can include over the phone and even email.  It will stop them from harassing you in person and through other methods of communication.  If they violate the terms of the order we, as a family lawyer, can work to enforce it.  For more information, call and schedule an appointment. 

Speak With a Child Custody Attorney if Your Job Situation Has Changed

You should call a child custody attorney if you have experienced a change in your employment.  When you get a divorce, the judge will make a determination over who gets custody, visitation and child support.  The problem is that if your kids are young when you get divorced life is bound to change.  Whether it is a change in your employment, your kids' school, getting remarried, etc. – life changes and as it does you have to be able to change with it.

This is easier said than done when the court system is involved.  It’s not as simple as saying “I need to move”.  You have to get your ex to agree to any changes you propose or go to court and fight for them.  We can help you to build your case and make sure that you have the opportunity to adjust to any changes that life throws your way. 

As a child custody attorney there are many times where our clients' employment dictates the need for a change.  This may include:

• Getting laid off.  When you lose your job, your income will change.  If you are in a situation where you are paying child support, we can help to get the amount you have to pay adjusted.  Financially it is not feasible for you to continue to pay as much as you did when you were making more money.  Call us right away so that we can get you into court quickly before your financial situation becomes dire. If you fall behind in child support, your situation could become worse as there are additional legal consequences associated with failing to pay. 
• Relocation.  If your employer relocated you, this can create a problem with your custody arrangement.  You are not legally allowed to move out of the school district without the permission of your ex or the approval of a judge. We can help by submitting a request for relocation and proving to the court why this is necessary for you and in the best interest of your children.  The judge and your ex cannot prevent you from relocating, but the judge can prevent your kids from relocating with you if they think the move is not in their best interest. 
• Going back to school.  If you are adjusting your work hours in order to go back to school, this can also impact how much money you make and prompt a change in how much child support you are paying or receiving.  In order to get it adjusted, we need to make an official request to do so.

Regardless of what changes are happening in your life, we can make sure that your rights are protected and that custody or child support are adjusted accordingly.  These cases can be complicated so working with a lawyer is advisable.  As a child custody attorney, these are the type of cases we handle on a regular basis so give us a call today. 

A Divorce Attorney Can Help You to Determine Who Gets Your Pets

As a local divorce attorney, we work with a lot of couples that have complicated divorces.  If you and your soon to be ex don’t get along, it can be difficult to determine who will get what when dividing assets.  This can range from fights over the home to who gets the couch and what to do with the pets.  If you are in this situation, hire a lawyer as soon as possible in order to sort it out quickly.

Determining what happens to the pets can be the most difficult of all.  Pets are not treated like children by the court, even if you treat them that way. That means that the judge is under no obligation to split custody between you and your ex.  Instead, they are treated like property so as the couch is given to one of you, your pets may be given to one of you as well.

As a divorce attorney, we can help to build a case for why you should retain possession or custody of your pets.  In order to do so, we need as much information as possible.  This way we can demonstrate who cares for the pets, takes them to the vet, spends the most time with them, etc.  Just like we would prove a strong bond with children we must also prove a strong bond with your pet.  If you are trying to keep a pet that was bought by your ex prior to the marriage this becomes more difficult to do.

We often recommend that you try mediation so that we can negotiate with your ex and their attorney over who should keep your family pet.  We understand that this is a very sensitive matter because pets are a member of the family.  The challenge is that if it cannot be resolved through negotiations the judge will make a decision.  They will decide at the same time they are deciding what happens to all of your other assets and the custody of your children, which means they will be very busy.  There is always a risk in letting the judge decide because you never know what they will do. In negotiations, you have more of an opportunity to have things go your way or at least reach a compromise.

Before starting mediation, you should consider what you would be willing to give up in exchange.  Think about something that your ex really wants and whether or not you would be willing to part with it.  For example, if you purchased a boat last summer and they want to keep it, would you rather have your pet or your boat?  They may be willing to sacrifice keeping the family dog if they can keep the family home or something else that is of sentimental value.  Consider your options and what you are willing to do then as your divorce attorney, we can negotiate on your behalf and help you to keep custody of Sparky. 

Can I Relocate With My Kids: Answers from a Child Custody Attorney

The issue of relocation is one of the many reasons people need a child custody attorney.  This is perhaps the most complicated issue that two divorced, or divorcing, parents can face.  Neither parent can simply relocate the children without the consent of the other or the approval of a judge.  This is supposed to protect the rights of both parents, but can also be fairly restrictive.

Relocation can be something as simple as moving outside of the school district or as complicated a moving across the country.  If the kids are in school, any move away from that school may be considered a relocation and require some form of agreement. When this happens, the parent that wants to move has to file a notice of relocation and the other party has the right to agree or fight to prevent the move.  If the parties can’t agree, both sides will likely work with a lawyer.

When evaluating a request for relocation a judge is likely to consider these things:

What is in the best interest of the child?  This is ambiguous but something that the courts try to live by.  They come to this conclusion usually after listening to witness testimony and evaluating the case facts presented by your child custody attorney.

Will their relationships be interrupted?  How will the move impact their relationship with both parents, siblings, and other family members?  The court will want to see that their relationships can be preserved as much as possible and will look for a plan to do so.

What is the reason for the move?  The moving party needs to show that there is an important reason for moving such as a job, family support, etc.  This reason is unique for every situation but one must exist because the case is built around it.

What is the current custody arrangement?  If the moving parent already has primary custody, the relocation is more likely to be granted.  If, however, custody is shared or the moving person has minority custody, it is more of an uphill battle and requires a strong legal case.

Relocation is extremely challenging for both parents because there are no sure bets.  The judge has the authority to grant or deny relocation based on their personal thoughts and opinions. It is up to a child custody attorney to make a case for why the relocation should be allowed.  This is not a time to hold back but rather to use all of the information and resources you have to build a strong case that includes witness testimony.  Otherwise, you are likely to lose. 

One thing you can consider is asking the court to appoint a guardian ad litem to the case.  This person will evaluate the children with you and with your ex-spouse.  By watching your interactions and how they behave around each of you, will give them the information they need in order to make a recommendation.  Their opinion is highly valued by the court since they represent a third and un-biased party’s opinion. 

If you are considering relocation, don’t hesitate to hire a child custody attorney.