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ORDERS OF PROTECTION

In New York State family law, orders of protection are court orders intended to prevent domestic violence, harassment, stalking, and other forms of abuse. These orders are available to spouses, former spouses, partners, and family members, as well as to people in intimate relationships or with children in common. The orders can require the abuser to stay away from the victim, refrain from contacting them, and vacate the family home. Violations of these orders can result in criminal charges and imprisonment. Orders of protection can be obtained through Family Court or Criminal Court, and can be temporary or permanent, depending on the situation.

ADOPTIONS

In New York State, guardianship is a legal arrangement in which a person is appointed to make decisions for another individual who is unable to do so themselves. Guardianships are typically established for minors or adults who are incapacitated or have disabilities. The process involves filing a petition with the court and providing evidence of the person’s incapacity or disability. A guardian can be appointed for personal needs, such as healthcare decisions and living arrangements, or for financial matters, such as managing assets and paying bills. The court oversees the guardianship to ensure that the guardian is acting in the best interests of the incapacitated person.

CHILD SUPPORT & PATERNITY

New York State family law outlines the responsibilities of parents regarding child support and paternity. Child support in New York is determined based on the parents’ income and the needs of the child. If a child’s paternity is in question, a DNA test may be ordered to establish paternity. Once paternity is established, the non-custodial parent may be ordered to pay child support. If a parent fails to pay child support, they may face penalties such as wage garnishment or even imprisonment. Overall, New York State family law prioritizes the well-being and financial support of children, even in cases where paternity is uncertain

CUSTODY & VISITATION

Matters concerning legal and physical custody of children. Custody can be joint or sole, and may include legal and physical custody. Legal custody refers to the right to make major decisions about the child’s upbringing, such as education and healthcare, while physical custody refers to where the child lives. Visitation, also known as parenting time, determines the non-custodial parent’s access to the child. Visitation can be supervised or unsupervised and can be modified if circumstances change. In cases of disputes, the court may appoint a guardian ad litem or order mediation to assist in determining custody and visitation arrangements.

GRANDPARENTS RIGHTS

Grandparents in New York State have certain legal rights when it comes to their grandchildren, particularly in the case of divorce or other family disputes. These rights are often referred to as “grandparental rights” and are governed by New York state law. In general, grandparents have the right to seek visitation with their grandchildren. However, this right is not absolute and can be limited or denied in certain circumstances. For example, if both parents agree that the grandparents should not have visitation or if the court determines that visitation would not be in the best interests of the child, then the grandparents’ visitation rights may be limited or denied.

Article 10 matters

Article 10 of the New York State Family Court Act deals with allegations of abuse or neglect of a child. Under this law, the Administration for Children’s Services (ACS) has the power to investigate and remove a child from their home if they believe the child is in danger. The ACS must file a petition in court to start a child protective proceeding. The court will hold a fact-finding hearing to determine if abuse or neglect has occurred. If the court finds that abuse or neglect has occurred, it may order services for the family or even terminate parental rights. The proceedings can be complex, and it is advisable to seek the guidance of an experienced family law attorney.