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. 

Why You Need a Divorce Attorney to Help with Your Military Divorce

If you are in the military or married to a service member, you need to hire a divorce attorney to help with your separation or divorce.  These cases can be far more complicated than a civilian divorce simply due to the variety of issues that military members face that others do not.  For example, when deployed overseas it is very difficult to engage an attorney and deal with the process. Representing yourself is really not a viable option.  Instead, an expert lawyer can help you to navigate through the issues successfully.

There are two sides to every divorce case, and even the most amiable divorces still have some level of contention and fighting.  A lawyer can help to make the process go more smoothly and mitigate some of the tension. Whether you are an active duty military member or the spouse of one, here is why working with a lawyer is a good idea.

If you are active duty military…

While you are deployed, your spouse is still allowed to file for divorce.  This creates a unique set of challenges as you may have limited access to communication and regardless, dealing with a divorce from far away is not easy.  We can help by requesting that the court stay the proceedings until you get back.  This gives you time to process and prepare.  It is up the judge to decide but as a divorce attorney, we will put forth the best argument as to why you are not in a position to go through the process but will be upon your return.  If, however, you would like to proceed with the divorce from far away, we can help to facilitate the negotiations to make sure that your interests are protected.  If your spouse wants to settle quickly, they will need to be willing to compromise and work with your requests.

If you are deployed, do not let your spouse bully you or threaten you with statements about taking the kids, etc.  You still have rights, and we can help to protect them.

If you are married to a service member...

One of the largest challenges you may face is figuring out how to start your life over.  For example, if you are living in military housing, you will not be able to stay there once the divorce is complete.  This means you will need to find new housing, which at times, may force you to look out of the state.  This is most common when families move to a base far from home.  It is common to want to go home to where your support system is.  The challenge is that if you have children, you can’t move without permission. Either your spouse must agree, or a judge must approve your request for relocation.  Even during the separation process, you must file for relocation before actually moving your children out of state.  We can help you to sort through this process and make a case for why you should be able to do so.

Military divorces are complicated, and these are only a few of the issues that we commonly see.  If you are considering separation or divorce, call us to speak with an experienced divorce attorney so that you and your future is protected. 

A Divorce Lawyer Can Help With Your Division of Assets

You should hire a divorce lawyer right away if you are facing separation. Divorce can be an incredibly stressful time, making it difficult for most people to think clearly and without emotion.  Hiring an attorney will make sure that you have someone watching out for your best interest while you deal with the separation process.

When two people get a divorce, everything must be divided.  This includes the large items like the family home, cars, and vacation properties to the smallest detail like the wine glasses you got for your wedding.  Anything and everything is on the table and at the end of the day someone gets to keep everything that was accumulated during your marriage.  The division of assets can be the most difficult thing in your divorce because both of you may want the same things, like the house, and every item may be attached to a memory. 

A divorce lawyer can help you to divide up your assets by taking the emotion out of it.  While it may seem impersonal, everything can be broken down into a financial or practical category. For example, if the truck is worth $18,000, and the car is worth $13,000 and the furniture is worth $5,000, an attorney can look at the numbers and say that in order to keep things equitable the spouse that gets the car should also get the furniture.  There are many ways to address this issue but in general this is what happens.  Things are assigned a value and divided up based on what is equitable and fair.  This can be done during negotiations or at trial by a judge.

The process becomes more difficult if it is of sentimental value rather than financial value.  For example, family heirlooms, photo albums, etc. typically won’t end up as a line item on the asset sheet but they are still very important.  In this case, the goal is to come to an agreement over who gets what.  Otherwise, you will need to make a case in court as to why that item should belong to you at the end of the divorce.

If you and your spouse own a business, this process becomes even more complicated.  A divorce lawyer will typically work with a CPA or business valuation specialist to determine how much a business is worth.  Both sides need to agree on the overall value or produce their own valuation for a judge to make the final determination as to what the business is worth.  Once a value has been established, one spouse will need to buy out the ownership interest of the other.  There are multiple ways to do so, and your divorce lawyer can help.

Something to remember with assets is that if a debt is tied to it, the person getting the asset is likely also to get the debt.  With this in mind, tell your attorney if you are not interested in having something.  To learn more about how an attorney can help you, call The Law Office of Paul R. Berko at (516) 746-4211.

What You Should Know Before Hiring a Family Lawyer

If you need a family lawyer, Paul Berko is an expert attorney that families throughout Mineola trust.  Family law is a specialty, and it is important to hire someone that is experienced with these types of cases.  Otherwise, you could be putting yourself at a disadvantage.

There are many reasons why people need to hire someone to assist with family issues.  Regardless, of your motivation, here is what you need to know before making a final hiring decision.

Personality is Important

These types of cases can be incredibly sensitive, and emotions are high.  Make sure that you work with a lawyer you feel comfortable discussing personal topics with.  The initial consultation is important because it gives you the opportunity to judge an attorney’s experience and whether or not you feel comfortable with their personality and style overall.

Hire a Family Lawyer with Experience

Instead of looking for a general attorney – hire an expert.  When you work with someone that focusses on family law, you gain the benefit of their experience and any resources that they have.  This can help your case to go more smoothly and prevent hiccups along the way.  The more skilled your attorney is, the better the outcome of your case will be.  There are no guarantees in the law but when you start with an expert; your chances of success are greatly increased.

Learn About their Practice

Not every family lawyer goes to court.  Some focus on preparing agreements, negotiations, and dealing with issues outside of the courtroom.  This is important and can prevent future legal challenges down the road.  However, if you feel that your case may go to trial, look for an attorney that is as comfortable in the courtroom as they are behind a desk.

Negotiating Skills Are Key

Many family law cases can be settled outside of court when an expert negotiator is involved.  If you would rather settle things quietly, find an attorney that is willing to negotiate on your behalf and confident in their ability to do so.  Even with divorce cases, settling outside of court can be better because you actually maintain more control over the results.  Once a case goes to trial, it is in the hands of the judge, and the outcome is completely unpredictable.  When you negotiate you at least know what the options on the table are.

Agree to a Fee Structure

Make sure you find out how an attorney charges and what they anticipate the total charges to be.  While this is not an exact science, it will help you to prepare and budget for any payments that need to be made.

  

When looking for a family lawyer, call The Law Office of Paul R. Berko.  Mr. Berko is an expert at family law and will help you to achieve the results you want for your case or transaction.  He listens to clients first; in order to better understand what their goals are then offers clear legal advice and suggests steps to follow.  To learn more, call (516) 746-4211.

Is Your Criminal Attorney Working Hard for You?

If you have been charged with a crime, a criminal attorney should be your first call.  The challenge is finding one that will work hard to fight for your innocence and get the best and most desired outcome.  There are no guarantees of what will happen inside of the courtroom.  Ultimately, it will be a judge or jury who decides if the charges are dropped or you are convicted.  What is certain is that an experienced lawyer can make a difference in how you spend the rest of your life

.

When interviewing lawyers ask questions that go beyond the financial side of how much they charge and what the upfront retainer cost is.  Here are some questions that you should ask:

• How long have you been practicing law?  This will give you a good idea of their experience level, though it is not always a good indicator of whether or not they will fight for your rights.
• Have you handled cases like mine before?  Find out if they have been part of a case where the charges were similar, what their approach was, and what the outcome was.  If you were charged with a crime and they primarily practice divorce law, you should look for another lawyer.
• How do you approach criminal cases?  This is a key question because it will give you insight into how they prepare for court and what steps they are willing to take. Listen carefully for examples that will demonstrate how actively involved they become in their cases. A good criminal attorney will spend time investigating the case, interviewing witnesses, and preparing a strong defense.
• What is your current case load and do you have trials scheduled around my trial date?  If they have multiple cases going at one time, there could be conflicts with the court calendar.  Find out if they have a backup and if that person will handle their other cases or yours.

The big key you need to look for during an interview is whether your criminal attorney will put in preparation time and investigate the case prior to going to trial.  Learn what you can about their approach and techniques, whether or not they will interview the witnesses you supply, if they conduct background investigations into the information you provide, etc.  This is extremely important because in order to have a good defense you need a lawyer that is willing and able to build a case.  You don’t want a case that is based strictly on defense, but one that also incorporates an offense to prove your innocence or give the jury the doubt necessary to avoid a conviction.

If you have already hired an attorney and they are not doing these activities you may still have time to switch to a better criminal attorney.  It is better to hire a new attorney before the trial that start the trial with one that is not fighting for your freedom.  The Law Office of Paul R. Berko will fight for your rights, your freedom, and your future.  For a consultation call, (516) 746-4211.

A DWI Attorney Can Help You Stay on the Road

If you have been pulled over for drunk driving, you need a DWI attorney to help you through the process.  Drunk driving laws in New York are very serious and an experienced lawyer is typically necessary to keep you on the road and your driving rights intact.  Without mounting a strong legal defense, you could lose your driver’s license. 

In New York, a drunk driving charge is called a DWI (Driving While Intoxicated) where many other states refer to it as a DUI (Driving Under the Influence).  Both can be used interchangeably.  If you are caught driving drunk in New York, you could lose your license, have to pay an expensive fine, and possibly even go to jail.  A good lawyer can help diminish the charges and the pending results.

New York has guidelines for what is considered “intoxicated”.  This is different than many other states which simply have a set standard for everyone.  In New York, if you are driving a normal vehicle and blow a 0.08 percent blood alcohol concentration (BAC), you have a DWI charge that will be brought against you.  However, if you are driving a commercial vehicle the rules are stricter with the BAC percentage dropped to 0.04 percent.  Minors can be charged if their BAC is 0.02 percent or higher.  For minors, it is particularly important to understand the law because drinking a small amount of alcohol could have major implications.  A DWI attorney can help, but if possible avoid the charges in the first place.

The state also has laws that describe what will happen if a driver is drunk and using drugs or other foreign substances at the same time.  There are zero-tolerance laws in place that could lead to an automatic license suspension.  A DWI attorney can help fight these charges as well. 

Age plays a significant role in how severe the penalties are.  For example, those under the age of 21 may have their license suspended for six months on a first offense where someone over 21 would only lose their license for 90 days.  Simultaneously, those under 21 pay a reduced fee that is less than half of what adults pay. Additionally, convicted adults have to pay a fine for the next three years and may spend time in jail. A second DWI conviction can lead to a longer license suspension time, paying a higher fine, and needing to go to special classes. 

A key for avoiding these penalties is to work with an experienced DWI attorney that can negotiate the charges down to reckless driving and keep the DWI off of your permanent driving record.  This will help you financially by avoiding or reducing fines while keeping your insurance premiums down.  Additionally, a DWI charge can negatively impact your work relationships and ability to keep your job.  A lawyer can help you to avoid having these difficult conversations. 

The Law Office of Paul R. Berko specializes in New York DWI cases.  You can reach us for a consultation by calling, (516) 746-4211.

Adoption Proceedings and New York Family Law

If you are considering adoption, family law is a big part of that process.  This is a legal transaction and while the focus is on your new child, the documents need to be prepared correctly to protect both you and your child in the future.  Before you start the adoption process you should identify a family attorney that can be trusted to handle your case. 

According to the Child Welfare Information Gateway, approximately 135,000 children are adopted in the United States ever year.  This includes private adoptions, adoptions out of foster care, out of country adoptions, and more.  The majority of adoptions are private adoptions through attorneys, by step-parents, or agencies within the U.S.  This accounts for approximately 46 percent.  Another 41 percent come from the foster system, with only 13 percent being foreign adoptions.  Regardless of where a child is adopted from, the legal agreements need to be completed correctly.

On a state by state comparison, New York has a high number of adoptions every year.  In 2008, there were 8,524 adoptions in New York compared with 1,991 in Oregon.  Some of this could be related to adult population size but in general New Yorkers have been adopting a large number of children every year.  If you are looking to join the thousands of New Yorkers who have adopted a child it will require an expert at family law to ensure that the process goes smoothly.

When adopting a child there are several ways that the process can be completed legally.  It is important to know your options and consider each one carefully before making a decision.  An open adoption allows for the birth parents and adoptive parents to know about each other and communicate openly.  This allows for the birth parents to remain in the child’s life to a certain capacity after the adoption is complete.  In a closed adoption, the birth and adoptive parents do not know each other and there is no communication between the child and the birth parents.  Both types of adoptions have pros and cons.  In an open adoption, the new parents benefit from understanding things like family medical history but it also opens the door for future confusion of the child, depending on the depth of communication that remains ongoing.  A closed adoption means that the adoptive parents have the right to tell or hide the fact that the child was adopted in the first place, but if the child wants to learn about their birth parents they don’t have the ability to do so legally. 

Family law in New York is set up to include provisions in the adoption process that must be followed.  This is aimed at ensuring the protection and safety of the child and includes:

• Working with an agency.  A family must be agency certified as an adoptive family in order to initiate the process.  You must also attend an orientation.
• Complete an application with medical history.  There will be a state, and federal background check completed looking for any criminal history along with a check by the Statewide Central Register of Child Abuse and Maltreatment.
• Home study.  New York has included a home study process as part of their family law guidelines, and this must be completed prior to the adoption taking place. 
• Training.  There are training courses provided by adoption agencies that must be completed. 
• Work with a caseworker.  An adoption caseworker will help to identify a child that can be placed in your home and facilitate their visit prior to adoption. 
• Go through the court.  Once a child is living in your home, there is still around three months that will pass before the adoption is legal. During this time, there are several resources that are available to assist financially.  A New York attorney that is experienced in family law will petition the court for the adoption to be complete, and a hearing will be held to certify it. 

The Law Office of Paul R. Berko specializes in New York adoption cases.  You can reach us for a consultation by calling, (516) 746-4211.

A Family Attorney Can Minimize Stress During a Divorce

A family attorney can help you through the difficult process of going through a divorce.  Many psychologists equate getting a divorce to someone you love dying because of the emotional strain that it can cause. How long people are married and whether or not they have children can make getting a divorce even harder.  With emotions high and dramatic life changes, it is important to work with a family attorney that you can trust.

An experienced attorney will help make the entire process go smoothly.  A divorce that is handled correctly can be done with minimal contention and will help decrease the overall stress of the process.  Going it alone or working with an inexperienced attorney can make it much worse by increasing tensions and delaying the process overall. 

When possible, a family attorney can help you and your spouse to settle many of the divorce issues outside of court.  This saves time, money, and heartache.  When going to court there is no certainty of the outcome so reaching an amicable resolution is often the best course.  Certain things like dividing up bank accounts and retirement plans can be handled by a family attorney at a settlement conference.  Debts can be divided up at the same time along with the assets that they are secured to.  While it isn’t always possible to reach an agreement, most couples find that they can agree on the division of more things than they expect, when working with an experienced lawyer or mediator.  Settling some of the issues helps both parties see that they can reach a resolution and don’t have to fight about every little detail.  It can set the stage for completing the divorce in a civilized fashion rather than allowing it to escalate into something contentious. 

A divorce can be even more difficult when children are involved.  Unlike a house or retirement account, you cannot “divide” children.  A custody schedule is typically set along with child support payments, but joint decisions will generally need to be made by the parents until the child reaches eighteen years of age.  Joint decisions require the ability to have a conversation and be civil with one another for years to come.  How the divorce is handled will often determine whether or not this is a possibility.  Couples that have an extremely contentious divorce often end up needing to pay a mediator long term in order to facilitate communication about the children. A family attorney can help prevent the situation from escalating to this level. 

When hiring a divorce attorney, each party can hire their own legal counsel, or you can work together through one family attorney.  Couples who believe they can reach a resolution with help often work with one single attorney.  The couples that know they are fighting tooth and nail from the beginning need to hire their own individual advocate.  The Law Office of Paul R. Berko provides expert legal advice to couples undergoing a divorce.  For a consultation call, (516) 746-4211.

A Family Attorney Can Help Non Married Couples

It is common for people to remain unmarried while living together and a family attorney can help provide the legal security these couples need.  Many people prefer to live together without legally becoming married, whether it’s for financial, personal, family, or religious reasons. The challenge is that these couples often leave themselves open to legal conflict because they don’t have the same legal protections that married couples do.

This was a particular challenge for same-sex couples that wanted to become married, but weren’t allowed to.  In 2011, the New York legislature made same-sex marriage legal in the state of New York and now these couples have the same legal rights as heterosexual couples that choose to get married. 

Many people think that a family attorney only works with people who are married or are getting a divorce.  This is not the case.  A family attorney works with all types of family units and the individual’s lifestyle defines what makes up their family.  New York attorney, Paul R. Berko works with unmarried couples to ensure that their legal rights are protected.

Here are some of the ways a lawyer can help unmarried couples:

• Adoption.  Many couples would like to have children and consider adoption as a means for doing so.  If you are unmarried there should be agreements in place that protect the rights of both of you as equal parents under the law. 
• Accounts.  Couples that do not become married have no legal right to each other’s assets upon illness or death.  A family attorney can ensure that the other partner has the access they need to pay for medical bills or expenses in the event of an accident and receive the account funds if the other partner dies.  Protecting your partner financially is an important step to take before you become ill. 
• Assets.  Homes, cars, boats, and other hard assets typically have a title associated with them.  This is a legal document that spells out who owns that asset.  Titling them correctly is essential for protecting the rights of both partners.  If it is done incorrectly and one partner dies their ownership will not automatically transfer to the surviving partner.  Instead, it could go through probate where other family members have the opportunity to fight for their share of the assets.  This can make a stressful time even worse and can be completely avoided by working with a family attorney. 
• Financial Considerations.  Many unmarried couples still want to have agreements in place that spell out what would happen if they split up.  Similar to a prenuptial agreement this can outline who would keep possession of which assets and if one partner would be responsible for paying the other a monthly alimony payment.  Child support can be settled in court or included in this document. 

Unmarried couples have to work harder in order to make sure that their rights are protected.  This requires the help of a skilled family attorney.  To learn how The Law Office of Paul R. Berko can help you call, (516) 746-4211.

A New York Criminal Attorney Fights Gun Charges

In New York the gun laws are strict and a criminal attorney can fight for your rights if charged with a gun crime. In the state of New York there are laws prohibiting the possessions of handguns without a license to carry or possess them for sport, repair, or disposal. Additionally, the NY Safe Act bans specific guns and ammunition such as a magazine holding more than ten rounds, certain semi-automatic rifles, and specific semi-automatic assault-style rifles.  Anyone caught with these weapons could be subject to criminal charges.

The severity of the charges and whether or not someone will be prosecuted often depend on the location where they are caught.  Police in the metro areas along with New York State Police are likely to arrest and prosecute everyone they catch illegally possessing a firearm.  In rural areas arrests are less likely and prosecution is typical when tied to intent to harm someone instead of simply possessing the weapon. Those with weapons should be careful to understand the laws as they have changed in the past several years, and make sure that they are in compliance.  The police are known to be aggressive in their arrests and not knowing the law will not prevent you from getting arrested.

A strong criminal defense by an experienced criminal attorney can make a difference between freedom or years in jail. A recent example of overzealous gun crime prosecution is the case of Robert Lee Miles in 2011.  He was stopped by the police for walking between subway cars.  They searched him and found that he possessed an unloaded gun.  He told the police that he was taking the gun to the police station to collect $100 from the Cash for Guns Program.  Instead of taking him to the station and allowing him to turn the gun in, they arrested him.  He was prosecuted as felon-in-possession since he had an existing criminal record.  Since he had been previously convicted of a drug crime and two violent crimes he was sentenced to fifteen years in jail. 

In this case, Mr. Miles tried to have it dismissed due to several factors that included saying he was falsely detained and searched and that his previous crimes did not constitute “violent”.  Each time he appealed, it was denied. His legal defense was not strong enough to fight the charges against him. This case is a perfect example of why it is so important to hire a criminal attorney for any gun crime charges in New York.  Even simple mistakes can lead to time in jail and getting the right attorney on your side can be essential for remaining free.

If you are arrested for a gun-related crime in New York, The Law Office of Paul R. Berko can help.  Mr. Berko is an expert criminal attorney and will fight for your rights. He specializes in representing those who have been charged with carrying a concealed weapons permit, possession of an unregistered handgun, unlicensed firearms, unlawful sale of firearms, carrying a concealed and loaded weapon in a vehicle, felon in possession and more.