Child Custody

When undergoing divorce, matters of child custody are often both parent’s main concern. Sometimes, one parent wishes to relocate with the children without the other parent’s consent. Fortunately, New York State has strict rules and regulations when it comes to a divorced parent relocating with their children.

If you are recent divorcee, and your spouse threatens to remove your children from the state without you consenting for them to do so, they are in the wrong. New York State does not allow this unless both parents agree, or a court grants the other parent permission to move to a specific location. If they violate this law, you are entitled to pursue legal action against your spouse, as they are your children as well.

If you are on the other end of the dilemma, and wish to remove your children from the state, it is important to involve your ex-husband or wife. A meet outside of court to change the terms of custody can be a huge step forward in the matter. If time allotted for visitation, phone calls, and other kinds of contact is pre-determined, there is less of a hassle in court. It is also important to set pre-determined custody during school vacations. The judge has to approve of this agreement, and once it is signed, it is a binding contract. Any breach of this can result in legal action as well.

If an agreement can not be reached, a court will have to approve of the relocation without the second parent’s consent. This is much more difficult, as several more factors come into the picture. The relocation must be proven to be in the best interests of the child. This could involve an abusive or neglectful spouse, or poor living conditions. Another factor that is beneficial to the cause of the parent who wishes to relocate is an improvement in the quality of life of the child as the reason for your relocation. An example of this would be your a higher paying job in a different area, or a better school district for your children.

It is in the best interest of both parties to remain civil towards each other, as if a court determines that one spouse is relocating just to hurt the other, the ruling will not be in their favor. If an agreement can be reached ahead of time, a court date might not even be necessary. If you wish to relocate with your children, or your spouse is doing so without your consent, Simonetti and Associates are available to provide you with most professional and successful legal defense in the area.

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call (888) 429-4459

What You Should Know About Alimony

Divorce is not easy for anyone involved and unfortunately, is a long and sometimes complicated process with many steps. Custody, separation or property and estate and alimony are some of those inevitable topics of discussion. One feature of divorce is alimony, a legal obligation to provide financial support to his or her spouse before or after marital separation or divorce. In New York alimony is called maintenance, with the purpose to maintain the same lifestyle each spouse had prior to the divorce.

The amount of alimony and which spouse is required to pay it depends on a few factors. Length of the marriage, length of time separated while married, age of spouses at divorce, income, financial prospects of parties, health or people involved and fault in the break up of the marriage are all factors that contribute to alimony decisions. Once the spouse receiving alimony is decided there are a few different types. Temporary alimony is support at separation prior to divorce. Rehabilitative alimony is support given to the spouse that earns less for a given time period until they can get a job and be secure on their own. Permanent alimony is support paid to the lesser earning spouse until death of one of the parties or remarriage of the recipient. Lastly, reimbursement alimony is support given as reimbursement of expenses by spouse during the marriage, like education. In New York specifically we have “pendente lite” or temporary maintenance while the divorce is pending to provide the recipient immediate financial support, this ends when the final order is made by the judge. Post-divorce maintenance is granted to the supported spouse after the divorce action, this ends in death of either spouse or if supported partner gets remarried or cohabits with someone else.

If you are thinking about divorce or in the process it is important to know your rights and the laws pertaining to your situation. A knowledgeable lawyer and support behind you is imperative for your mental wellbeing and clear minded thoughts during this stressful process. 

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call (888) 429-4459