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March 2017 Archives

International child kidnapping case brings civil lawsuit

Most child custody cases aren't as complicated as this one. A man has been convicted of international parental kidnapping as well as conspiracy for helping a woman and her teenage daughter cross the border from New York into Canada, near Buffalo, back in 2009.

Fathers' rights aren't much before the baby is born

Before a child is born, the father usually starts to show concern about the baby. When the father and mother aren't in a relationship any longer, this concern might not be considered by the mother at all. Unfortunately, there isn't much a father can do to assert his parental rights until after the baby is born.

What is a house 'buyout' during divorce?

When a couple divorces, the property is divided up according to the guidelines in that state. New York's equitable distribution law divides property fairly, depending on whether it is marital property (bought during the marriage), or separate property (owned before or somehow acquired separate from the marriage such as through an inheritance). If the house is separate property, it will belong to the owner after the divorce.

Learn about co-parenting arrangements and other custody types

As we discussed in our previous blog post, it is imperative that children and parents spend time together after a divorce. Getting this time isn't always easy; however, having a child custody and visitation agreement that allows you ample time with your child can help you to build the relationship and maintain it.

Who usually wins in a custody battle?

In divorce, there is so much to be decided and divided. Taking steps to dissolve a marriage requires considerable effort on the part of both parties. This is especially true if children are involved. If you are nervous about a potential custody battle, it is important to know that the old myth that the courts favor the children's mother just isn't accurate anymore. More and more, both moms and dads are being granted joint custody, rather than mothers receiving sole custody.

Prenuptial agreements can provide protection in case of divorce

The blissfulness of marriage is something that you're probably looking forward to when you ask your significant other to marry you. It is important that you realize that marriage isn't all fun and games. It takes hard work to make a marriage work. Unfortunately, not all marriages will respond to the hard work. Some marriages are going to end in divorce.

Unique circumstances come up in high-asset divorce cases

High-asset divorce is a complex situation that doesn't have any one-size-fits-all solution. If you are embarking upon a high-asset divorce, you have to look at the unique factors in your situation to determine what you are going to do at each step of the process. We know that you need a personalized solution to the situation. We can help you learn about the options that you have.

Has 'Obamacare' decreased the divorce rate?

Millions of Americans who have health insurance thanks to the Affordable Care Act, more commonly known as the ACA and nicknamed by those both for and against it as "Obamacare," are understandably nervous since both President Trump and Republicans in Congress have vowed to repeal and replace it.

FAQ: How property is divided in a NY divorce

Property division is often a huge point of contention during a divorce. People want to keep certain belongings or they may even fight to retain as much property as possible out of spite or anger. Regardless of the emotions involved, a judge is in charge of dividing property between you and your spouse if you cannot reach an agreement together. If your property is going to be divided in court, you may be wondering about the following questions:

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Philip A. Greenberg, P.C., Attorneys at Law