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.