
CUSTODY CASES – ONE PARENT ALIENATING THE CHILD FROM OTHER PARENT
Modification of a court-approved stipulation setting forth the terms of custody or parental access is permissible only upon a showing that there has been a sufficient change in circumstances such that modification is necessary to ensure the best interests and welfare of the child. The paramount concern when making such a determination is the best
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Compassion for the Client, Aggression for the Adversary
Gildin and Chapman is a boutique style law firm emphasizing all aspects of Family Law, Criminal Defense and Appeals. Both Steven Gildin and Brent Chapman have nearly three decades of legal experience successfully handling literally many thousands of cases from the very first call, throughout all litigation and trial and beyond. With this broad knowledge,
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NO VISITS IF PARENT IS NOT VACCINATED
The Court restricted the non-vaccinated parent’s access to the child until they were vaccinated or underwent regular testing. New York is transitioning towards a “new normal” where citizens are taking precautions to balance staying safe from COVID-19 and its variants alongside the desire to return to some semblance of regular life. The widespread availability of
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A JUDGE HAS NO POWER TO DIRECT ADMINISTRATION OF CHILDREN’S SERVICES TO FILE A NEGLECT CASE
To the extent that [prior precedent] decisions implicitly hold that Family Court may order a child protective agency to commence a proceeding under Family Ct Act article 10, they should no longer be followed for such proposition. Accordingly, in the absence of any express grant of authority by statute, Family Court erred in sua sponte
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JOINT LEGAL CUSTODY ORDERED BY THE COURT
An award of joint legal custody is an aspirational goal in every custody matter and is particularly warranted where the parties are generally able to communicate with one another in a cooperative fashion. Although the parties have had disagreements about certain aspects of parenting, the record demonstrates that there is a modicum of communication and
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WHEN YOU WANT TO CHANGE THE TERMS OF A DIVORCE AGREEMENT, A NEW, SEPARATE CASE MUST BE FILED
A stipulation of settlement which is incorporated but not merged into the parties’ judgment of divorce may be reformed only in a plenary action. Family Court does not have jurisdiction to modify a separation agreement. Deborah K. v. Richard K., 2022 WL 618996 (1st Dep’t. 2022) The Law Offices of Steven Gildin CALL STEVE TODAY
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GIRLFRIEND WHO HAD CONFLICTS WITH MOTHER NOT RESTRICTED FROM FATHER’S VISITS ; AN ATTORNEY FOR THE CHILD IS NOT APPROPRIATE FOR A CHILD THAT IS TOO YOUNG TO COMMUNICATE
Family Court has the power to impose restrictions on a child’s interactions with third parties during visitation if it is in the child’s best interests to do so. Here, the record establishes that there were verbal and physical altercations between the mother and the girlfriend during the exchanges of the child. However, there is no
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Debt and Divorce: What Happens to Debt in a Divorce?
Often when a person considers the financial effects of a divorce, they initially only consider how assets might be divided. Marital debt, however, is also divided between spouses during a divorce in New York on an equitable basis. When it comes to the distribution of shared debt in a divorce, you want an experienced New
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How to Lessen the Negative Effect of Divorce on Children
Divorce is never an easy situation, and when children are involved in the process, it is important to take into account how a divorce can negatively affect their lives. In order to minimize the negative effects of a divorce on children, there are some steps that you can take with them and with your spouse
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The Divorce Process Explained by a Divorce Lawyer in Queens
Making the decision to file for divorce from your spouse is never easy, but having a better understanding of how the divorce process works in New York can help you make a better informed decision about the situation. There are many requirements and procedures involved in the divorce process, which is why it is always
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