Tag Archives: Plaine & Katz

When the Holiday Party Is Over

When the Holiday Party Is Over by Joshua Katz

{2:55 minutes to read} Chestnuts roasting on an open fire, festive trees with glowing lights and stockings hung by the chimney…

In contrast to all of these wonderful traditions, the holidays can greatly increase the stress on a troubled marriage. When there are incompatibility issues and you are spending more time in close quarters with your spouse and extended family, tempers often flare.

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True or False: Don’t Move out until AFTER the Divorce

True or False: Don’t Move Out Until AFTER the Divorce by Joshua Katz

{3:01 minutes to read} Call a truce or move to the couch in the den.

Do whatever you have to do to make it work, but do not move out of the house until you speak with a lawyer. Vacating the marital home and leaving the children with your spouse could adversely affect your parenting rights.

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7 Things Divorced Parents Need to Know About Relocating

7 Things Divorced Parents Need to Know About Relocating by Joshua Katz

{4:20 minutes to read} Under New York Law, a custodial parent cannot relocate to another state without consent from the other parent or a court order.  

Imagine you are a single parent who has been offered a great job in Denver. You might be ready to pack your bags – but, not so fast. Unless you have consent from the other parent, it will be up to the court to decide whether you can move. This may be true even if you have “sole custody” of the child(ren)!

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Major Changes in New York’s Domestic Relations Law Now Effective

Major Changes in New York’s Domestic Relations Law Now Effective by Joshua Katz

{2:16 minutes to read} On September 25, 2015, the governor signed into law a major change for Domestic Relations in New York State.

The new law codifies a maintenance formula for calculating how much spousal support should be paid in divorce actions, and for how long. It applies to any divorce action filed after October 25th of this year. New York has joined the national trend to codify a basic maintenance formula for judges. This simplifies the process – making maintenance calculations more predictable and consistent from court to court and judge to judge.

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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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