Best Practices When Preparing for a Child Custody Evaluation
Having to fight for the custody of your child is a horrifying experience that no parent ever wants to face. If you find yourself in this daunting situation, however, it is critical that you know what you are up against. Here is our useful guide for preparing for a child custody evaluation. What Is A … Read more
Financial Fraud in Divorce: 4 Things to Look Out For
Financial fraud is a major problem that plagues many contested and high net worth divorce cases. New York requires each party to disclose their finances during their divorce case. Unfortunately, a number of resentful spouses will take steps to defraud their ex during divorce. What are the telltale signs of financial fraud in divorce, and … Read more
Military Divorce in New York
Being a member of the military is tough. It can take you away from your family, and makes communicating with your loved ones difficult. As honorable as it is to serve in the military, it can put a strain on your marriage. Military divorce has some unique obstacles, but the right law firm can make … Read more
Physical Custody in New York State
Divorce is one of the most difficult experiences you will have, especially if you have children. Child custody is a major part of most divorce cases, and it can be broken down into two types: physical custody, and legal custody. What is physical custody, and what does it mean for your divorce? What is Physical … Read more
Law Guardians in Child Custody Cases
Child custody actions involve the whole family, not just parents. In New York custody cases, a child will be appointed a law guardian, who will advocate on their behalf. Besides representing children, what is the law guardian’s role in divorce and custody disputes? An Advocate for Your Child A law guardian is your child’s attorney … Read more
Modifying Child Custody Orders in New York
Child custody is one of the most important components of divorce. Your child custody agreement will determine if your child will live with you, or if you can make decisions on their behalf. It is likely that your child custody order will need to be changed as time goes on. What are some of the … Read more
Divorce During the School Year: Q&A
Back to school season can be tough for families of divorce. There can be a lot of uncertainty surrounding custody, support, and co-parenting during the school year. Things can become even more complicated if your divorce case is just beginning. What are the most common questions divorced parents have regarding the school year? Will my … Read more
Parallel Parenting: Conflict Free Co-Parenting
Last week, we briefly touched on parallel parenting during our discussion on alternative forms of co-parenting. However, this method deserves more in-depth coverage, as it can be helpful for divorcees who are unable to co-parent successfully. What is Parallel Parenting? Parallel Parenting allows for divorced couples to co-parent while keeping their interaction with each other … Read more
Alternative Forms of Co-Parenting After Divorce
Traditional family dynamics are changing, and so are co-parenting arrangements after divorce. Gone are the days when a divorced mother would be the primary custodian. What are some of the new forms of co-parenting, and will they work for your family? Parallel Parenting Parallel Parenting was designed with high-conflict families in mind. The purpose of … Read more
Common Divorce Myths in New York
The internet is a wonderful tool, but it can be harmful to your divorce or child custody case. There are countless divorce horror stories online, and it’s hard to not believe them. Luckily, the team at Brian D. Perskin & Associates P.C. have shed a light on the most common New York divorce myths out … Read more
Divorce and Child Custody 101
Knowledge is power, especially when it comes to divorce and child custody. Having a basic understanding of the two is vital to the success of your case. Should you file for a divorce or legal separation? Can you have legal custody if your child doesn’t live with you? Consider this your much needed crash course in … Read more
What is the Hague Convention?
Last week, we briefly mentioned the Hague Convention while discussing traveling with children during divorce. Besides being a very complex area of law, what exactly is the Hague Convention, and how can it help protect your children? An Introduction to the Hague Convention The Hague Convention (HC) is a treaty that was created to help … Read more
Traveling with Children during Divorce
Traveling with kids is no walk in the park, but traveling with children during divorce can often present extra hurdles. There is a lot to do before you take off, including obtaining a passport, getting permission, and confirming an itinerary with your ex. Read on for important information about traveling with children during divorce: Obtaining a … Read more
Legal Custody in New York
Many people don’t realize that there are two forms of child custody in New York: Legal Custody and Physical Custody. Knowing the difference between the two is crucial if you are a litigant in a child custody case. Today, we will focus our discussion on legal custody. What is the definition of legal custody? What does … Read more
Co-Parenting Tips For The Holiday Season
The 2016 holiday season is officially here. While usually a chaotic (but joyous!) time, the holidays can bring about additional challenges for divorced couples as they try to figure out how to juggle co-parenting responsibilities during this festive time of year.
What Makes Military Divorce Different
For the most part, the divorce process for members of the military is no different than it is for civilians.
The 4 Cardinal Rules of Co-Parenting
A divorce involving children can be an incredibly difficult experience, especially when it comes to learning how to co-parent effectively.
What Can I Do If My Child Refuses Visitation?
As a custodial parent, one of your primary goals is to promote a healthy and active relationship between your child and your ex-spouse.
Child Abuse v. Child Neglect in New York
Child abuse and neglect are two of the most serious and concerning types of cases currently plaguing the Family Court system.
Divorce and Family Law Misunderstandings
Initiating a divorce or family court matter can be intimidating and confusing, especially when there are many misconceptions surrounding the process.
Modifying Court Orders in NYC
There are two forms of child support modifications: upwards modification and downwards modification.
Child Support and Summer Camp
New York State requires a non-custodial parent to help with child rearing costs during, and after, a divorce or child custody action.
Building a Strong Attorney-Client Relationship
Developing a strong relationship with your attorney is a very important component of crafting a winning divorce strategy.
Troubled Spouses and Child Custody
Issues surrounding child custody and visitation during contested divorce battles are a major concern for the court.
Modifying an Order of Child Support
Child support is an integral component of divorce and custody disputes, and is typically awarded to the parent who is granted residential or primary custody of a child or children.
Building a Winning Divorce Strategy
Unfortunately, contested divorce cases can be compared to war, with ex-spouses battling it out in the courtroom for child custody, financial support, and the distribution of assets.
Alternative Co-Parenting Strategies
Our society is shifting to one that places a high value on the benefits of co-parenting, and non-traditional custody agreements and parenting plans reflect that.
What Kind of Divorce is Right for You?
You’ve weighed your options, waited till after the holiday season has passed, and are finally ready to file for divorce.
Parental Alienation in Custody Disputes
Divorce can be a trying time.
Holiday Co-Parenting Strategies
Thanksgiving marks the start of the holiday season this Thursday.
Relocation with Children after Divorce
Divorce cases can become exponentially more difficult if children are involved, since there are issues surrounding child custody, visitation, and support that must be addressed.
Telling Your Children About Divorce
After much deliberation, you and your spouse have decided to proceed with divorce.
How is Child Custody Determined in New York?
Agreeing on a child custody plan is one of the hardest components of divorce.
Ignoring the Peanut Gallery during Divorce
Divorce can be a tumultuous and life-altering experience.
An Introduction to Child Custody in New York
Trying to navigate a New York City Family Court while pursuing a child custody case can be daunting, especially for parties who have no prior experience with this type of legal matter.
Domestic Abuse Can Determine Child Custody
Domestic violence is a very serious matter that can play a pivotal role in divorce and child custody proceedings in New York State.
Infographic Helps Parents Visualize the Effect of Divorce on Kids
Did you know that there is an average of 6 to 7 divorces per 1,000 people in New York State?
Co-Parenting Goes High-Tech
Technology plays an ever-expanding role in our lives, especially in our communication and relationships.
Effective Co-Parenting for Families of Divorce
Parents who are in the beginning stages of ending their relationship should strive to have an amicable, child centered divorce.
Back to School Season and Divorced Families
Back to school season can be challenging for parents whose children are still in full time summer mode.
Prenuptial Agreements during Divorce Actions
Prenuptial and postnuptial agreements are receiving praise from matrimonial attorneys throughout New York because of the security they provide married couples in the event of divorce.
Timeline for Divorce in New York City
The family law firm of Brian D. Perskin & Associates, P.C. has been representing New York City residents in divorce cases since 1990. One of the most common questions our clients have is “How long will it take to get divorced?”
The Power of Prenuptial Agreements
Prenuptial and postnuptial agreements have the power to greatly impact marriages and divorces.
How to Prepare for a Child Custody Battle
Uncontested child custody cases have the potential to turn into nasty battles.
Mothers’ Rights in New York Divorce
Primary child custody has historically been awarded to mothers in divorce cases due to “maternal preference,” or the notion that mothers raised children best, not fathers.
Filing First: Getting a Head Start in the NY Divorce Race
If you’re considering divorce, then it is highly recommended that you don’t wait for your spouse to make the first move.
Child Custody and Support in New York State
Child custody and child support are two of the primary parts of New York divorce cases involving children.
Determining Paternity in New York City
Paternity disputes and DNA tests have been portrayed as a joke by television shows like Maury, when in reality, they play a pivotal role in child custody and support cases throughout the United States.
How Can I Rebuild my Credit After Divorce?
As previously discussed, contested divorces can have the potential to ruin a party’s credit score due to litigation costs, becoming a single income household, and new financial obligations such as child support and maintenance payments.
How Long Does it Take to Get Divorced in NYC?
If you’re new to the divorce process, then you undoubtedly have a plethora of questions surrounding the ins and outs of matrimonial and family law in New York State.
What to Anticipate During Tough Custody Battles
Regardless of how good intentions between parties may be at the start of a child custody action, there is always the possibility of emotions turning sour, minds being changed, or other unexpected circumstances (such as the emergency relocation of one party) that will impact the proceedings.
The Real Gift Children of Divorce Want This Christmas
Despite what the songs may say, the holiday season might not be the most wonderful time of the year if you’re going through a divorce.
Divorce and Visitation with an Abusive Spouse
Domestic violence is a major issue that plagues unhealthy relationships, and in extreme circumstances, can even become life threatening.
Alternative Parenting Arrangements during Divorce
Parents who opt for an amicable divorce over a contested litigated battle will often research alternative parenting and custody arrangements to help their children transition and process the divorce better.
Mobile DNA Testing Comes to New York City
Last week, CBS reported on the arrival of the ” Who’s Your Daddy?” mobile DNA testing truck to the Big Apple.
Get Help for Domestic Violence NOW
A news report is surfacing of a woman, a victim of repeated domestic abuse, who stealthily called 911 for help while her attacker was still in the home.
Becoming a Divorced SINGLE Parent
Typically, divorce professionals and therapists will recommend couple’s actively participate in co-parenting their children after they decide to end their marriage.
Handling College Tuition Obligations During Divorce
Regardless of whether your children are young, just starting high school, or embarking on their collegiate journey, the subject of college tuition needs to be addressed in New York divorce cases.
Sherri Shepherd’s Child Custody Victory
Sherri Shepherd is having one heck of a year. Recently fired from her co-host position on The View and in the midst of a divorce and two child custody battles, she can sure use some good news.
Post-Nuptial Agreements and Stay-at-Home Parents
People choose to become stay at home parents for many different reasons, which can include the birth of a child, sudden unemployment, or rising costs in childcare and nanny services.
Possible New NYC Family Court Judges
New York State legislatures voted to increase the number of Family Court judges on Thursday, June 19th, and Friday, June 20th.
Halle Berry’s HUGE Child Support Order
It is being reported that Halle Berry has been ordered to pay her ex-boyfriend and father of her 6 year old daughter, Gabriel Aubry, a whopping $16,000 per month in child support.
How to Handle Divorce Depositions
If your divorce action cannot be settled outside of the court room and a trial is pending, both parties will have to partake in a deposition.
What is a QDRO and How can it Benefit Me During a Divorce?
A Qualified Domestic Relations Order, or QDRO for short, is a court ordered evaluation of retirement accounts.
Is American Media Making a Mockery of Divorce?
Americans hold a fascination with “reality” television, especially court room dramas that allow participants to air their dirty laundry for the world to see.
Top 10 Signs You Need a Divorce Lawyer
Divorce. Just the word alone may conjure up feelings of anxiety regarding the unknown
18 Year Old NJ Girl Sues Parents for Child Support
A strange family court case out of New Jersey is making headlines across the country, as news outlets are rushing to report on an unemancipated teenage girl who is suing her parents for child support.
Same Sex Couple Adoption Woes
Late last week, a judge in Brooklyn ruled that a woman was not allowed to legally adopt her wife’s biological child.
Common Divorce Misconceptions
January, to many lawyers, is referred to as “Divorce Month” based on the high average of new clients and filings during the first month of the new year.
Law Guardians: An Advocate for Your Child
If you are going through a divorce and have children with your spouse, then chances are you will deal with a law guardian.
Don’t Stay Together for the Kids!
Divorce has only become socially acceptable within the past few decades.
So, You Want to Relocate
Whether you are in the midst of a divorce or family court battle, or a judgment has already been issued concerning your case, relocating with a child can be difficult if there is a court order in place concerning custody or visitation.
The Smart Strategy that Benefits Your Kids
There are many issues that need to be addressed while you’re getting divorced, and the list only grows when there are children involved.
Our Firm’s Successful Divorce Settlements
Whether your divorce is contested or uncontested, the law office of Brian D. Perskin & Associates will fight to help achieve the result you desire.
Same Sex Divorce
Same sex marriage supporters are rejoicing now that homosexual marriage is being recognized in a growing number of states throughout our country.
What is a Private Judge?
A little known trick of the trade to getting a divorce settled quickly is to hire a private judge to hear the case.
What to Expect When You Contact Us
You’ve given it careful consideration and have decided that you either want to divorce your spouse or proceed with a family court matter.
Expensive Celebrity Divorce Settlements
We’ve all heard the horror stories involving divorces- they’re long, expensive and stressful.
Fathers and Divorce
Men are often overlooked when it comes to divorce.
Custody Agreement Reached in NFL Slay
A child custody decision was reached this week regarding Zoey Belcher, daughter of the late Kansas City Chiefs player Jovan Belcher.
Technology Changes the way Ex’s Communicate
Technology is constantly advancing, and with it, so are the ways we communicate.
Choosing the Right Attorney
We’ve all seen the ads online or in the back of the classified section of the newspaper, advertising “Quick and Easy Divorces for a Low, Low Price!”,
More FAQ Regarding Divorce and Family Law
With a combined total of over 40 years of collaborative experience, the attorneys at Brian D. Perskin and Associates have handled thousands of divorce and family law cases.
Should I Get a Prenup?
During a segment regarding marriage and money on Fox & Friends last month, personal finance expert Dave Ramsey made a very incorrect statement when asked if a couple should create and sign a prenuptial agreement.
A New Take on Alimony
A study conducted using United States Labor Force Statistics shows that just under 30% of women out earn their husbands annually.
Divorce: Do You Really Need Court?
You and your spouse may not have agreed on much during your marriage, but surprisingly, the one thing you do agree on is a court free divorce.
Man Avoids Court-Ordered Test by Shaving
New York man Roberto De Paz attempted to avoid a court-ordered hair-follicle test in a custody case by shaving his body hair.
Recent Court Decisions in New York
Julissa A. v. Martin O., April 9, 2013- NY Family Court dismissed the mother’s petition for a modification of a child support order because she failed to prove that there was a substantial change in circumstances since the initial court proceeding in which the child support agreement was put into place.
Unusual Adoption Case to go Before U.S. Supreme Court
An unusual adoption case, which exemplifies the complexity and significance of certain family law disputes, will go before the U.S. Supreme Court in June 2013.
Child Custody: How do Courts Determine “Best Interests of the Child”?
When determining child custody in divorce cases, New York courts either order joint custody arrangements, meaning both parents share legal and physical custody of the child, or grant sole custody to one parent, based on what they deem as in the “best interests of the child.”
Beijing Divorce Ruling Marks Major Step for Domestic Violence Law
In a groundbreaking ruling for domestic violence law and women’s rights, a Beijing court granted a divorce on grounds of domestic abuse and issued its first ever restraining order on behalf of Kim Lee on Sunday, February 3rd.
Relocating with Your Child After Divorce
If you have physical custody of your child and are considering moving to another state, you may be wondering if you will be allowed to go.
Bethenny Frankel Turns Rumors Into Reality By Filing for Divorce
Bethenny Frankel has filed for divorce from her husband Jason Hoppy.
Joe Piscopo Behind on Child Support
Actor/comedian Joe Piscopo was recently ordered by a judge to pay $10,000 to his ex-wife, Kimberly Driscoll.
Over $100 Billion Owed in Child Support
Recent reports show that both taxpayers and single parents are owed about $108 billion in child support.
Basketball Player Quincy Douby Behind on Child Support
Yet another celebrity has been accused of falling behind on child support payments.
Rapper Bow Wow Owes Child Support and May Have Lied About Income in Court
Not only has rapper Bow Wow been ordered to pay child support, but he may also be in some legal trouble after apparently omitting information to the court.
How Will Child Support Affect Your Ability to Get a Loan?
Whether you receive child support or have to pay it, you may find that getting a loan is a little more complicated now.
Deion Sanders Claims He Can’t Afford $10,000 Per Month in Child Support
Deion Sanders has been in the news a lot recently for issues related to his divorce from his wife Pilar.
False Allegations Against Your Ex-Spouse Could Cost You
Recently, a divorced father accused his ex-wife of abusing their 12-year-old son.
Handling Your Finances After Divorce
After divorce, money is usually tight for most people.
Reasons to Get a Postnuptial Agreement During Marriage
You have likely heard of a prenuptial agreement, which is a document signed before marriage
Akon Initiates Child Support Payments in Court
Well-known rapper Akon has recently done what many celebrities have struggled with: offered to pay child support for his kids.
Heidi Klum and Seal’s Divorce Drags On
It appears that the divorce between Heidi Klum and Seal is getting more complicated than before.
Kenny G and Wife Divorce After 20 Years of Marriage
Kenny G, or Kenneth Bruce Gorelick, is divorcing his wife Balynda Helen Benson-Gorelick after 20 years of marriage.
Deion Sanders Tries Hard to Sell Condo Quickly During Divorce
The latest news about Deion Sanders’ divorce is that he is trying to get rid of some of his property.
Adrienne and Paul of Real Housewives of Beverly Hills Divorce
Adrienne Maloof and Paul Nassif of The Real Housewives of Beverly Hills recently filed for divorce.
Randy and Jermaine Jackson Owe Child Support to the Same Woman
Many people get behind on child support at some point, even celebrities that you would think would have money.
Men May Need Extra Legal Help During Divorce
Many men fear getting a bad deal during divorce since sometimes it seems the cards are stacked against them.
Tips on Speeding Up Your Child Custody Case
You may be wondering how some recent well-known child custody cases were settled quite quickly.
Tips on Co-Parenting During Special Events
It is possible for many couples to co-parent their children after divorce, as long as they do not have to see each other.
How Much Does a Child’s Preference Matter in a Custody Case?
If you are in the middle of a child custody battle, you might be wondering if your child’s wishes will be taken into consideration.
4 Hurtful Things Your Friends Might Say During Your Divorce
There are many difficult things about divorce, and one is when you have to tell your friends.
Flavor Flav and Child Support Arrears
Flavor Flav is just one of many men who have faced legal penalties for failing to pay child support.
David Arquette and Courtney Cox Officially File for Divorce After Separation
David Arquette and Courtney Cox have been separated for quite some time, since October 2010.
Vanessa and Kobe Bryant Reconcile Before Divorce Is Final
Everyone likely remembers the high profile divorce case of Kobe Bryant and his wife, Vanessa.
Dennis Rodman Ordered to Pay Child Support
Apparently Dennis Rodman is better at playing basketball than paying the child support he was ordered to pay for his two children.
Tips for Successful Co-Parenting
If you and your former spouse share custody of your children, you probably know by now that it can be difficult to effectively co-parent.
Getting Control of Your Finances Before Divorce
If you think you are on the road to divorce, and you are unsure of how your finances are, you should start paying more attention to this aspect of life.
How Does Hiring a Lawyer Trump Doing the Divorce Yourself?
As you are probably aware, it is possible to get a divorce without a lawyer.
More Women These Days Pay Alimony and Child Support
Recent studies have found that more women than ever are paying child support and alimony to their ex-husbands.
Legal Separation vs. Divorce
When you are dating and want to take a break from the relationship for a while, you can usually do just that.
Hire a Lawyer with Experience Handling Gay and Lesbian Divorce Cases
If you face a gay and lesbian divorce, you will need the help of a lawyer with experience in this area.
Your Rights as a Father During Divorce
Going through a divorce can be hard on its own, but when children are involved, the process can be even tougher.
What Happens When Divorcing an Unemployed Spouse?
If your spouse is currently unemployed, and you have decided that divorce is right for you, it is important to know what to expect from this process.
Divorcing an Unemployed Spouse
Before you get a divorce in New York, you need to look at all the ways you will be affected, especially when it comes to finances.
5 Tips for a More Sane Divorce
Divorce is never easy, but there are ways to make the process go as smoothly and quickly as possible.
Is Equal Parenting Time Right for Your Family?
If you are considering 50/50 parenting time when it comes to child custody, you should look at the pros and cons of this type of arrangement.
How to Manage Social Media during your Divorce
If you are going through divorce, it is wise to keep your personal life to yourself rather than blasting it on Facebook and other social networking sites.
Contested Divorce v. Uncontested Divorce
An uncontested divorce is one in which both parties can come to an agreement on all outstanding issues, which means that they can usually avoid a costly litigation.
Determining the Amount of Child Support
During a divorce, the court has to determine the amount of child support to be paid by the noncustodial parent.
New York Child Support Laws – What You Need to Know
New York law strives to protect the interest of children.
Back to School After a Divorce or Separation
Any change can be stressful for a child – be it changes in living arrangements or changes in daily routine when school is back in session.
5 More Tips to Get Back Custody of Your Children
Yesterday I posted an article with 5 tips for parents who have lost custody of their children and are committed to regaining custody.
5 Tips to Get Back Custody of Your Children
When children are involved, expect judges to act in the best interests of the children. Here are 5 tips if you have been denied custody of your children by the legal system.
Helping Children Cope With Divorce Part 2
This is the second part to the series about helping children cope with divorce and what parents can do to make the transition and difficult period easier for kids to get through.
Helping Children Cope With Divorce Part 1
Quite often it is the children that bear the burden of a divorce.
Battles Abroad and at Home
When a member of our Armed Forces is deployed overseas it creates a heavy burden both for the particular soldier, sailor, airman or marine, and for those they care for.
Child Custody: What you should Know
In child custody and visitation cases there are several factors the courts will use to determine what is in “the best interests of the child”.
Is it Legal to Tape Record Conversations Between Your Child and Your Spouse?
Many clients ask me, “is it legal to video or audio tape my child with the other parent?”
Am I Entitled to the Federal Tax Deduction for Child Support?
IRS regs clearly state that a non custodial parent is only entitled to take the child deduction if they have written permission to do so from the custodial parent.
Can Custody Be Changed?
In New York, if two people agree in a written agreement or a child custody order is entered, it is not easy to change custody unless one parent has a good reason.
Do I Owe Support if I Am Not The Biological Father?
Most people and in fact many lawyers are amazed that a man who holds himself out as a child’s father, either by fraud or mistake can be held accountable for child support.
Father’s Rights… Do they Exist?
Many women feel that they can prevent the father of their children from seeing their child or children.
Failure to Pay Any Support
I recently was in Court, arguing my contempt motion in New York Supreme Court and a wealthy business man who owns a number of bakeries and he told the Judge he makes no money…..
Who Pays for Summer Camp?
In New York, the Courts will require that you pay your pro rata share of summer camp if the summer camp is for child child while the custodial parent is at work.