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Saturday, December 18, 2021

How to prove parental alienation in custody disputes. Written by a New York Family Law Attorney


As a Parental Alienation  attorney in New York I have litigated many custody battles involving this issue in both Divorce actions and in Family Court. If you can prove that alienation indeed exists it can justify you being awarded custody or a modification of a current custody order in your favor. Certain fact patterns often exist in parental alienation (PA) cases. It occurs when a child rejects one parent completely due to no fault of that parent. Children that have been alienated express a deep seeded hatred of the other parent and sometimes this animosity is directed to that parent’s extended family as well.


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Sunday, December 12, 2021

How do I win my custody battle in New York?


As a Brooklyn, New York Custody Attorney I have taken numerous custody cases to trial both in Family Court and Supreme Court (in cases of Divorce).  The parent that wins the custody battle is the parent that can show to the Court that it would be in the best interests of the child to be with them.

 

In determining the best interests of the child the Court will look at the totality of circumstances. The person that wins at a custody trial is the one that presents the best evidence. It is important to know what criteria the Court uses to determine best interests.


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Monday, November 8, 2021

Business Valuations in a New York Divorce, by George Mark Gilmer, Esq.


 Hello. I am a Brooklyn, New York City Divorce attorney. I have handled multiple cases that involved the valuation of a business in a divorce. This article will explain the procedure of valuing a business and the common issues that arise.

 

In a divorce where a business is involved if the two parties can’t agree to the value of the business an expert will need to be hired (usually a CPA with extensive experience in valuing businesses).
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Tuesday, November 2, 2021

What are am I entitled to in a divorce in New York?


As a Brooklyn, New York City based divorce attorney clients often ask me what are their rights and what are they entitled to in a divorce. The answer depends upon what the respective incomes of both spouses are, whether there are marital assets and property and if there are children of the marriage. 

 

Your rights and entitlements in an Uncontested Divorce

 

A divorce can be resolved in two ways, via an uncontested or contested divorce. An uncontested divorce occurs when both spouses agree upon the terms of the divorce. This means that all issues involving maintenance, property, asset division and if there are children, custody and visitation, are resolved.


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Sunday, September 5, 2021

Is the custodial parent interfering with your visitation rights in New York?


As a Brooklyn, New York City Family Court Attorney for twenty years I have litigated many disputes over parenting time in Family Court.  This article explores the legal standards for a parent to obtain parenting time with their child.  I have represented a number of parents who have their visitation rights denied by the other parent. Many times, however issues of access are worked out by settlement between both parties but this article presumes that the parents are litigating the issue in Court.

The right of access to children is a joint right of both parents and of the child.


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Saturday, September 4, 2021

Has ACS taken your children because of drug or alcohol use?


 As a New York City Family Court Lawyer and ACS Defense attorney, I have come across many parent’s who have had their children taken from them or have had ACS cases filed against them with an ensuing investigation due to drug or alcohol use. I have successfully argued for the return of children in many cases of this type because the mere use of drugs or alcohol does not mean that a child was harmed or is in imminent danger of being harmed.  I have also successfully represented parents during investigation or after ACS has indicated the parent for inadequate guardianship as a result of drug or alcohol misuse.  I have successfully  argued that abuse of drugs or alcohol on its own does not mean that a child should be removed from a parent or that a neglect finding should be made against 

The Family Court Act defines a "neglected child" as a child less than 18 years of age "whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his or her parent to exercise a minimum degree of care in providing the child with proper supervision or guardianship, by misusing a drug or drugs; or by misusing alcoholic beverages to the extent that he loses self-control of his actions" (Family Court Act § 1012 [f] [i] [B]).

‘The law is broken down into two parts, the first part being actual or imminent danger of physical mental or emotional impairment.


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Thursday, April 29, 2021

What are the types of Custody in New York? Written by a Brooklyn, New York City Custody and Visitation attorney.


As a New York City Family Court lawyer people often ask  me how many types of custody are there?  There are four types of custody in New York State. I will explain all of them in detail.

 

First of all it is important to note that you can apply for custody in either the Supreme Court of the State of New York or the Family Court of the State of New York. You would apply for custody in the Supreme Court if you are also simultaneously looking for a divorce. If you do not want a divorce but are living apart from the other parent then you could apply for custody in Family Court.


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Thursday, April 29, 2021

Can I fight the foster care agency if they remove children from my foster care home in New York? By Brooklyn, New York City ACS Attorney.


Sometimes foster parents are faced with the closing of their foster care home based upon allegations they may disagree with.  Foster parent’s develop a bond with their foster children, and the removal of their foster kids can be traumatizing to the the foster parent and the children. Many people ask me, a Brooklyn based New York City ACS Attorney what they can do if their foster kids are removed?

 

In New York City a foster parent has a few options when a removal occurs. The first thing that happens after a removal, is that the parent will receive a Notice of Removal from a Foster Home. This form contains the name of the parent from whom the children were removed, the name of the foster care  agency removing the children, the agency case planner responsible for the removal and the date the notice of removal was issued.
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Tuesday, April 27, 2021

Should I let ACS in if they knock on my door? By Brooklyn, New York ACS defense attorney.


This is a very complicated question. As a Brooklyn ACS Attorney that has represented clients for over 18 years  I can say that you do not have to let ACS in without a court order. However, if you do not let them in it can trigger a course of circumstances that you need to be ready for.

 

If ACS has started an investigation against you the case will last 60 days. During the 60 days, ACS will visit your home twice a month.
Read more . . .


Thursday, May 9, 2019

How does the Court determine best interest of the child in a New York Custody battle? By Brooklyn, NY Family Court Attorney


In order to determine what is in the best interest of a child in a custody case the Court must only make this determination following a full and comprehensive evidentiary hearing.   The New York Courts hold that parents have a fundamental right to custody of their children but neither parent, whether male or female has an absolute has right to the custody of the child or children.

 

If you have a custody case pending, your Brooklyn, New York  your attorney will help you to build a case in convincing the Court that it is in the best interest of the child to be with you.  The best interest of the child standard is based upon evidence that shows what parent best promotes the child’s welfare and happiness.  

 

Therefore the Court will first consider the welfare and interests of the children in making its determination.


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Thursday, May 9, 2019

Why won’t the Court give me a DNA test? Equitable estoppel and best interest of a child in a paternity proceeding, by Brooklyn, New York Family Court Attorney.


Many men in Court face this scenario.  They are petitioned to Court to pay child support for a child they do not know whether it’s  theirs and with whom they have had very little contact with.  These men contact me, a Brooklyn Family Court Attorney and ask me if the Court will grant them a DNA test. I tell them that it is complicated, requires good representation and is based on a number of factors.

 

Another scenario arises where a man, who for various reasons, such as the continuing alienation of the child from him, has not been in his child’s life and wants to be legally established as a father.
Read more . . .


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