Adoption
Adoption is generally a much happier event than divorce, but it is still necessary to have the proper representation of a Staten Island family law attorney. If a woman is relinquishing the rights to her child to free him for adoption, she will need representation to ensure that her rights are protected. The adoptive parents will also require representation that can help them file all the correct paperwork to finalize the process.
Paternity
Sometimes the custody of a child cannot be determined until paternity is settled. An experienced family attorney can help to establish paternity that has been ordered by the court, such as in the case where the two parents are not married. Once paternity is established, the child may receive the same rights as children that are born into a marriage. It will also protect the rights of the father to have a relationship with his child and possible custody as well.
Domestic Violence
When domestic violence is occurring, it can be very difficult for the victim to feel comfortable seeking help to get out of the situation. However, a sensitive Staten Island family law attorney can handle the situation with privacy and compassion, helping that victim get the help and protection she needs. From filing the protective order to enforcing it, the attorney can be just the one to help a victim get out of this abusive cycle.
There are many aspects of family law that might require the services of a family law attorney. Whether a family is in the midst of an adoption or a divorce, this professional can ensure that the rights of everyone involved are protected and the final settlement is fair. Many cases that are seen in family court are highly charged and very emotional. It takes the confidence and compassion of a professional well trained in this area to ensure a family law issue is resolved quickly and fairly.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Showing posts with label child abuse law new york. Show all posts
Showing posts with label child abuse law new york. Show all posts
Wednesday, May 12, 2010
Saturday, March 20, 2010
False Child Abuse Accusations
The rise of false accusations of abuse in child custody proceedings attorney staten island is very disturbing. Courts often choose to "err on the side of caution," and refuse to grant custody to the accused parent. Sometimes, the accused parent cannot even obtain parenting time (child visitation), even after investigation finds no evidence of abuse.
Making a false abuse allegation is a horrible thing to do to a child. The child will often have to undergo unnecessary and intrustive medical and psychological examinations. If the allegations are of sexual abuse, the physical examinations of the child can be extremely embarrassing to the child. Also, depending upon the circumstances and the age of the child, the false accusations can cause a permanent rift between the child and the accused parent, the accusing parent, or both.
Historically, parents who complained of false accusations were ignored. However, recent studies illustrate how common false allegations are. In Ontario, an analysis of child abuse allegations attorney staten island in the Ottawa area revealed that 60% of accusations of abuse were related to marital breakup, and in two thirds of those cases there was no evidence of any abuse.
It is no longer professionally reasonable for a psychologist to presume the truth of abuse allegations made in the context of divorce. The irresponsibility of parents who make false accusations to hurt their spouse, or to stop a child custody action attorney staten island, has caused grave harm to children who actually are abused -- the significant numbers of false allegations make it less likely that true allegations will be believed.
Making a false abuse allegation is a horrible thing to do to a child. The child will often have to undergo unnecessary and intrustive medical and psychological examinations. If the allegations are of sexual abuse, the physical examinations of the child can be extremely embarrassing to the child. Also, depending upon the circumstances and the age of the child, the false accusations can cause a permanent rift between the child and the accused parent, the accusing parent, or both.
Historically, parents who complained of false accusations were ignored. However, recent studies illustrate how common false allegations are. In Ontario, an analysis of child abuse allegations attorney staten island in the Ottawa area revealed that 60% of accusations of abuse were related to marital breakup, and in two thirds of those cases there was no evidence of any abuse.
It is no longer professionally reasonable for a psychologist to presume the truth of abuse allegations made in the context of divorce. The irresponsibility of parents who make false accusations to hurt their spouse, or to stop a child custody action attorney staten island, has caused grave harm to children who actually are abused -- the significant numbers of false allegations make it less likely that true allegations will be believed.
Child Protective Law
If you are a parent, and are involved in child protective proceedings attorney staten island, you have the right to an attorney. If you cannot afford an attorney, one will be appointed to represent you.
If you are involved in child protective proceedings, exercise your right to counsel. Please do not assume that you can adequately represent yourself, or that the system is designed to protect your rights. You will be consistently warned throughout proceedings that you could face the permanent loss of your children as a result of the proceedings. That is no joke -- get a lawyer.
Be forewarned that litigation in this area can be expensive -- but remember that your family is at stake.
Defending Yourself
Typically, your best ability to defend agains this type of proceeding will be in its initial stages. This is when many people try to proceed without lawyers staten island, under the belief that if they consent to the court's taking jurisdiction over their children they will somehow improve their chances of securing the return of their children. The reality is usually quite different. Involving a competent lawyer at the start of legal proceedings can help ensure that your rights are protected, and may even result in the return of your children to your home.
Reforms in the 1990's have led to a system of laws in the United States that place a very high priority on permanence. If children have spent a year in foster care, courts and social workers are under considerable pressure to bring about a final resolution of their cases. At that time, if the parents are not ready to assume their responsibilities, or have not lived up to the court's demands upon them, it is likely that a proceeding will follow to permanently terminate parental rights.
While parents have a right to appeal from the termination of parental rights attorney staten island, it is rare for appellate courts to grant relief. Thus it bears repeating, you are best served by obtaining quality representation at the trial court level, at the earliest possible opportunity.
Effect on the Extended Family
When a relative's parental rights are terminated, the extended family's rights are terminated as well. If you have a relative whose children are at risk of being taken from their home, you should consult with an attorney in your state about possible options which might protect your relationship with the children. That may involve convincing the relative to voluntarily let you care for the children for a period of time while they get their act together. If the relative won't cooperate, it may involve petitioning a court for a guardianship over the children, giving you the right to care for the children until the parents remedy the problems in their home, but without the risk of the state terminating parental rights.
If you are involved in child protective proceedings, exercise your right to counsel. Please do not assume that you can adequately represent yourself, or that the system is designed to protect your rights. You will be consistently warned throughout proceedings that you could face the permanent loss of your children as a result of the proceedings. That is no joke -- get a lawyer.
Be forewarned that litigation in this area can be expensive -- but remember that your family is at stake.
Defending Yourself
Typically, your best ability to defend agains this type of proceeding will be in its initial stages. This is when many people try to proceed without lawyers staten island, under the belief that if they consent to the court's taking jurisdiction over their children they will somehow improve their chances of securing the return of their children. The reality is usually quite different. Involving a competent lawyer at the start of legal proceedings can help ensure that your rights are protected, and may even result in the return of your children to your home.
Reforms in the 1990's have led to a system of laws in the United States that place a very high priority on permanence. If children have spent a year in foster care, courts and social workers are under considerable pressure to bring about a final resolution of their cases. At that time, if the parents are not ready to assume their responsibilities, or have not lived up to the court's demands upon them, it is likely that a proceeding will follow to permanently terminate parental rights.
While parents have a right to appeal from the termination of parental rights attorney staten island, it is rare for appellate courts to grant relief. Thus it bears repeating, you are best served by obtaining quality representation at the trial court level, at the earliest possible opportunity.
Effect on the Extended Family
When a relative's parental rights are terminated, the extended family's rights are terminated as well. If you have a relative whose children are at risk of being taken from their home, you should consult with an attorney in your state about possible options which might protect your relationship with the children. That may involve convincing the relative to voluntarily let you care for the children for a period of time while they get their act together. If the relative won't cooperate, it may involve petitioning a court for a guardianship over the children, giving you the right to care for the children until the parents remedy the problems in their home, but without the risk of the state terminating parental rights.
Monday, December 14, 2009
Child Abuse and Neglect Law
Generally a child can be removed from his parents if the child is abused or neglected by a parent, and if removal is necessary to avoid immediate risk to the child's life or health. A child can be considered abused or neglected if a parent does not provide proper supervision, or harms the child, or allows others to harm the child, or exposes the child to a substantial risk of harm.
The legal language is convoluted, but it boils down to this: the child can be considered abused or neglected if a parent does not provide proper supervision, or harms the child, or allows others to harm the child, or exposes the child to a substantial risk of harm. It's this last possibility that would matter in a case in which parents gave their children supposedly abusive names.
News reports quote forensic psychologist N. G. Berrill saying that naming a boy Hitler could be considered child abuse, partly because it shows that the parents themselves are acting childishly, not like responsible adults. Berrill also suggests that, "You can name your dog something weird, but [the Campbell parents] think they're making some kind of bold statement with the children, not appreciating that the children will have separate lives and will be looked at in a negative light until they're able to change their names. It is abuse."
Of course, reasonable people can have different opinions, and another psychologist might agree with little Adolf's father, Heath Campbell, who is quoted as saying, "I think people need to take their heads out of the cloud they've been in and start focusing on the future and not on the past. There's a new President and he says it's time for a change; well, then it's time for a change. They need to accept a name. A name's a name. The kid isn't going to grow up and do what [Hitler] did."
So, if you were a Family Court judge in Holland Township, you might have to decide which of these arguments is more convincing. Adolph Hitler (the leader of the Nazis, not the child in New Jersey) never had any children. If he had, we can only wonder what effect that name would have had on their lives.
Eric M. Gnasbger is your #1 source for family law regarding child abuse and neglect in new york and Staten Island! He has the background and experience to ensure that your legal proceedings continue smoothly. Choose Eric M. Gansberg for all your child abuse and neglect lawyer needs!
The legal language is convoluted, but it boils down to this: the child can be considered abused or neglected if a parent does not provide proper supervision, or harms the child, or allows others to harm the child, or exposes the child to a substantial risk of harm. It's this last possibility that would matter in a case in which parents gave their children supposedly abusive names.
News reports quote forensic psychologist N. G. Berrill saying that naming a boy Hitler could be considered child abuse, partly because it shows that the parents themselves are acting childishly, not like responsible adults. Berrill also suggests that, "You can name your dog something weird, but [the Campbell parents] think they're making some kind of bold statement with the children, not appreciating that the children will have separate lives and will be looked at in a negative light until they're able to change their names. It is abuse."
Of course, reasonable people can have different opinions, and another psychologist might agree with little Adolf's father, Heath Campbell, who is quoted as saying, "I think people need to take their heads out of the cloud they've been in and start focusing on the future and not on the past. There's a new President and he says it's time for a change; well, then it's time for a change. They need to accept a name. A name's a name. The kid isn't going to grow up and do what [Hitler] did."
So, if you were a Family Court judge in Holland Township, you might have to decide which of these arguments is more convincing. Adolph Hitler (the leader of the Nazis, not the child in New Jersey) never had any children. If he had, we can only wonder what effect that name would have had on their lives.
Eric M. Gnasbger is your #1 source for family law regarding child abuse and neglect in new york and Staten Island! He has the background and experience to ensure that your legal proceedings continue smoothly. Choose Eric M. Gansberg for all your child abuse and neglect lawyer needs!
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