What Is an Order of Protection?

What is an Order of Protection by Joshua Katz

{3:40 minutes to read} An order of protection begins with a family offense petition.

A family offense petition is a petition filed in the family court where one party (the “petitioner”) alleges that another party (the “respondent”) committed an act that constitutes a “family offense.”

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Traveling with Children? Make Sure You Read This First!

Traveling with Children? Make Sure You Read This First! by Joshua Katz

{2:20 minutes to read} What rights do custodial and noncustodial parents have to take their children on domestic or international trips?

Custody/visitation agreements and court orders should be as detailed and specific as possible. Agreements should specify whether or not either parent needs consent from the other parent prior to taking the child on a trip.

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Supervised Visitation: When Is It Best for the Child?

Supervised Visitation: When Is It Best for the Child? by Joshua Katz

{2:10 minutes to read} Normally, a child’s best interests are best protected by allowing the development of the fullest possible healthy relationship with both parents. However, if one parent places the child’s physical safety at risk, or the parent is having some other kind of negative impact on the child’s emotional well-being, supervision of visitation can be imposed.

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In a Custody Case, How Much Do the Child(ren)’s Desires Weigh In?

In a Custody Case, How Much Do the Child(ren)’s Desires Weigh In? by Joshua Katz

{2:40 minutes to read} In every custody case, there are at least 3 parties: two parents (usually), and the child. The child’s desires are an important factor for the court to consider. The court will appoint an attorney to represent the children to hear what the child has to say in terms of his or her own best interests.

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Same-Sex Marriages – What Rights Does a Non-Biological Parent Have?

Same-Sex Marriages - What Rights Does a Non-biological Parent Have? by Joshua Katz

{2:50 minutes to read} In same-sex marriages, no presumption of legitimacy arises. 

New York Law states that a child conceived during a marriage is presumed to be legitimate. However, all presumptions are rebuttable, and a recent ruling by the Appellate Division holds that there is no presumption in cases of same-sex marriages.  

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Is Corporal Punishment Legal and When Does It Become Excessive?

Is Corporal Punishment Legal and When Does It Become Excessive? by Joshua Katz

{2:50 minutes to read} What is corporal punishment?

“Corporal punishment” by definition means physical punishment of a child, whether it’s a spanking, a slap on the wrist, a smack across the face, or a beating with a belt. Corporal punishment of children was much more prevalent and acceptable in previous years and still is, in certain cultures.

In the state of New York, a parent is permitted to utilize corporal punishment as long as it is reasonable and not excessive. However, a parent should never strike a child out of anger and absolutely never with the intent to injure.

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Legal vs Residential Custody: What Should You Know?

Legal vs Residential Custody: What Should You Know? by Joshua Katz

{3:05 minutes to read} When discussing custody with a client, it must be clear that there are two different facets: legal and residential.

  • Residential custody defines where the children will primarily reside; and
  • Legal custody concerns the decision-making authority for the children.

Generally, children will reside with one parent and visit with the other. The main issue to work out, with residential custody, is the parenting plan. How much time, and when, the children will visit with the non-custodial parent needs to be established.

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Who Gets the Kids This Holiday?

Who Gets the Kids this Holiday? by Joshua Katz

{3:30 minutes to read}

When putting together a parenting plan, attorneys should be aware of all religious holidays, as well as civil holidays, that are important to the client. It goes without saying that children are to be with their mothers for Mother’s Day and their fathers for Father’s Day. But what about the rest of the holidays?

I can’t tell you how many clients I was dealing with on an emergency basis the week before Mother’s Day this year, because the clients couldn’t work out arrangements without help from counsel.

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How Will Marijuana Use Affect Your Child Custody Case in New York State?

How Will Marijuana Use Affect Your Child Custody Case in New York State by Joshua Katz

{2:20 minutes to read} A lot of people don’t realize that New York State became the 23rd state to legalize the medical use of marijuana. We still don’t know – and probably won’t know for a couple of years – who will be allowed to prescribe it and for what illnesses. Medical marijuana will only be prescribed as a pill or through vaporization, and will not be legal to smoke.

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Equal Parenting Rights is NOT a Presumption of 50/50 Time

Equal Parenting Rights is NOT a Presumption of 50/50 Time By Joshua Katz

{3:30 minutes to read} The laws in NY include no presumption in favor of one parent versus the other. However, there is no presumption in the law that parents are entitled to 50/50 time with their children. While equal access rights do exist, it does not mean that each parent is entitled to exact equal time with the children.

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