There are many reasons why hiring an attorney who specializes in family law may become a necessity. The field of family law is a broad one that encompasses many different types of cases and issues. Familiarity of these issues will help one choose the best professionals to help them.
Divorce
Divorce is a painful, stressful process, but a Staten Island family law attorney can help make the process a bit easier to handle. This professional can ensure that issues like child custody, child support and spousal support are handled in the fairest way possible. It is generally recommended that each spouse have their own attorney represent their specific interests. Sometimes children are involved in the divorce process, and they may need their own representation as well.
Prenuptial Agreements
Prenuptial agreements have become a common practice today, and for many new couples, this agreement is essential to protecting property, children and businesses. However, a prenup that is not completed or filed properly will not hold water in a court of law. For this reason, it is necessary to hire the services of a professional who will ensure that the process of a prenuptial agreement is followed to the letter, making the agreement legal and legitimate.
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 parental rights law staten island. Show all posts
Showing posts with label parental rights law staten island. Show all posts
Wednesday, May 12, 2010
Wednesday, February 10, 2010
Importance of Non-Legal Skills
What is it then that clients want from their family lawyers at potentially the most difficult time of their lives and regarding the most important issue in their lives the determination of the well-being of their children? Drawing upon both my personal and professional experience, the latter as a commercial law partner and now full-time family lawyer (during the course of which, in addition to my own clients, I have spoken to many parents on a pro bono and second opinion basis), it is clear that the parents’ overwhelming concern is that the application of legal skills alone leads to them experiencing acute feelings of disempowerment, disengagement, helplessness, not being listened to and paternalism.
This experience has informed opinions that the following approach is essential to addressing these client concerns:
•Taking a holistic approach to the client's needs beyond simply perceiving their case in terms of relevant fact and law for the purpose of "black and white" legal analysis based on legal precedent, since this has the effect of negating the uniqueness of each client's personal circumstances and family dynamic.
•Supporting the client emotionally and psychologically to ensure they feel listened to and their case articulated in a manner which emphasises their genuine child centric concerns. This minimises the risk that the client adopts a non-child centric position which frequently involves the prosecution of their legal case and interaction with the other parent containing a series of threats, allegations, denials and counter allegations, which inevitably causes great hostility, upset and resentment between the parents and the legal system.
•Developing and agreeing a plan of action with the client around a clearly defined strategy for communicating the parent’s child centric concerns.
•Offering a level of service that reflects the client's emotional needs and allows for regular, open communication between client and lawyer whenever it is required by the client.
•Remaining focused on providing a "can-do" approach and solutions to any matter that the client wishes to include as part of his case, rather than a lawyer driven "I know best" approach which ultimately results in a sense of helplessness in the client. The established approach where lawyers repeatedly emphasise the risks of any given course of action without suggesting a possible alternative solution is not seen by clients as providing any added value to their case.
This experience has informed opinions that the following approach is essential to addressing these client concerns:
•Taking a holistic approach to the client's needs beyond simply perceiving their case in terms of relevant fact and law for the purpose of "black and white" legal analysis based on legal precedent, since this has the effect of negating the uniqueness of each client's personal circumstances and family dynamic.
•Supporting the client emotionally and psychologically to ensure they feel listened to and their case articulated in a manner which emphasises their genuine child centric concerns. This minimises the risk that the client adopts a non-child centric position which frequently involves the prosecution of their legal case and interaction with the other parent containing a series of threats, allegations, denials and counter allegations, which inevitably causes great hostility, upset and resentment between the parents and the legal system.
•Developing and agreeing a plan of action with the client around a clearly defined strategy for communicating the parent’s child centric concerns.
•Offering a level of service that reflects the client's emotional needs and allows for regular, open communication between client and lawyer whenever it is required by the client.
•Remaining focused on providing a "can-do" approach and solutions to any matter that the client wishes to include as part of his case, rather than a lawyer driven "I know best" approach which ultimately results in a sense of helplessness in the client. The established approach where lawyers repeatedly emphasise the risks of any given course of action without suggesting a possible alternative solution is not seen by clients as providing any added value to their case.
Monday, December 14, 2009
Your Rights as a Father
What's written in the court order on custody, sometimes called a "parenting plan" or "visitation schedule," is what's legally enforceable. So it's very important to think through any difficulties you and your soon-to-be-ex may have making a visitation schedule work before you put your plan to paper.
Issues that should be dealt with in detail in your court order if you're the noncustodial parent include:
•Exact days and times the children will spend with you. Phrases like "reasonable visitation" don't get you far when you're dealing with an uncooperative custodial parent.
•What holidays the children will spend with you, and the exact days and times these holidays will begin and end
•What contact the children can have with you during the time they're with the custodial parent, including phone calls and emails
•Your ability to participate in the childrens' school and extra-curricular activities, and the custodial parent's duty to inform you of these events
•Your access to school and medical records
•Who will provide transportation for the children, especially if you live far away and transportation is expensive
If you've already got a custody order, how do you enforce it when the custodial parent doesn't honor it? If it's an occasional problem, try to be flexible in rearranging your schedule. Make sure you make up the missed time as soon as possible.
If the problem persists, you'll want to document the violations of the order before seeing an attorney. An easy way to document violations of a custody order is with a simple calendar, writing notes about the time lost with your child and your efforts to reschedule the visits. After you can show a pattern of behavior, you can work with a lawyer to get the order enforced in court.
In many states, consistent violations of a custody order can be grounds for changing custody, especially if the custodial parent is alienating the children with negative remarks and withholding information about the children from the noncustodial parent.
In most states, the police will assist you in enforcing a visitation order. But you'll want to think carefully about the impact the appearance of police officers on their doorstep may have on your children. Sometimes simply threatening to get the police involved will coerce the custodial parent into honoring the visitation order.
Eric M. Gansberg is your #1 source for father rights and family law in New York and Staten Island! He has the background and experience to make sure that your rights as a father are enforced! Choose Eric M. Gansberg for all your paternity rights needs!
Issues that should be dealt with in detail in your court order if you're the noncustodial parent include:
•Exact days and times the children will spend with you. Phrases like "reasonable visitation" don't get you far when you're dealing with an uncooperative custodial parent.
•What holidays the children will spend with you, and the exact days and times these holidays will begin and end
•What contact the children can have with you during the time they're with the custodial parent, including phone calls and emails
•Your ability to participate in the childrens' school and extra-curricular activities, and the custodial parent's duty to inform you of these events
•Your access to school and medical records
•Who will provide transportation for the children, especially if you live far away and transportation is expensive
If you've already got a custody order, how do you enforce it when the custodial parent doesn't honor it? If it's an occasional problem, try to be flexible in rearranging your schedule. Make sure you make up the missed time as soon as possible.
If the problem persists, you'll want to document the violations of the order before seeing an attorney. An easy way to document violations of a custody order is with a simple calendar, writing notes about the time lost with your child and your efforts to reschedule the visits. After you can show a pattern of behavior, you can work with a lawyer to get the order enforced in court.
In many states, consistent violations of a custody order can be grounds for changing custody, especially if the custodial parent is alienating the children with negative remarks and withholding information about the children from the noncustodial parent.
In most states, the police will assist you in enforcing a visitation order. But you'll want to think carefully about the impact the appearance of police officers on their doorstep may have on your children. Sometimes simply threatening to get the police involved will coerce the custodial parent into honoring the visitation order.
Eric M. Gansberg is your #1 source for father rights and family law in New York and Staten Island! He has the background and experience to make sure that your rights as a father are enforced! Choose Eric M. Gansberg for all your paternity rights needs!
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