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Family law encompasses a broad range of legal topics involving marriage and children. Common family law subjects include divorce or annulment, child custody and visitation rights, child support payments, and alimony. Family law deals specifically with children in regards to adoption, guardianship, state child protection and domestic violence.

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The decision to dissolve a marriage can be one of the most difficult decisions a person makes. When a couple cannot agree on provisions within the divorce, however, another layer of anxiety is added to an already difficult process. Whether the disagreement is about child custody, property division, alimony, or the divorce in general, the divorce becomes contested. Contested divorces take longer, and they require more negotiation for the couple to reach an agreement.

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The most common disagreements in divorces are custody arrangements and property division. However, a contested divorce can refer to a disagreement on anything, including grounds for divorce, child support, visitation rights, debt incurred before the divorce, or even the divorce itself. When a spouse contests a divorce, he or she needs to file documents explaining the issue and his or her side of the argument. The documents then need to be examined before a judge who will make a determination on the final outcome.

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An uncontested divorce can make for less hostility and less time in court, especially if the divorce is handled by an experienced uncontested divorce attorney. The couple has already agreed upon parameters within the divorce decrees, and they must simply file the paperwork and begin the divorce proceedings. Most of the time, uncontested divorces only take a few months to conclude. Uncontested divorces are always encouraged by the court so couples can avoid disagreements and litigation in the future.

However, reaching even an uncontested divorce settlement can be challenging. Divorces have many components that need to be worked out individually, some of which can be just as complicated as they would be in a contested divorce. A competent divorce lawyer can help clients reach agreements in all aspects of divorce.

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The issue of child custody is the most common dispute in family court. As should be expected, parents are extremely concerned with the safety, education, and overall wellbeing of their children. Custody decisions become even more difficult following a divorce or breakup, as parents tend to be distrustful of each other at these times. Regardless of the state of affairs between the parents, judges will always decide custody based on “the best interests of the child.”

You want just as much time with your children as your spouse does. But can you have joint, shared, legal, physical or sole custody? It is our mission to safeguard your parenting time with your children and secure your future.

  • Joint or Shared Custody: Parents who don’t live together have joint custody (also called “Shared Custody”) when they share the decision-making responsibilities for, and/or physical control and custody of, their children.
  • Legal Custody: Legal custody of a child means having the right and the obligation to make decisions about a child’s upbringing.
  • Physical Custody: Physical custody means that a parent has the right to have a child live with them.
  • Sole Custody: One parent can have either sole legal custody or sole physical custody of a child.

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After going through a divorce, one parent is likely to end up with primary custody of a child or children. In normal circumstances, the non-custodial parent will be responsible for paying child support to help pay for the needs and education of the child, and the custodial parent is usually not required to account for the child support he or she receives. Things such as voluntary gifts, clothes or transportation are not considered child support. If you need assistance in any legal matter involving child support, knowledgeable legal help is available to you from a New York divorce attorney at any time.

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The Attorneys at Brian D. Perskin & Associates P.C. provide skilled representation in spousal support (aka alimony) matters, customized to the needs and goals of our clients. We help you understand where your case stands, as well as the options and alternatives available to you in the divorce process and how they may affect the division of your assets.

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An Order of Protection is a court order which is issued in order to help prevent abuse, harassment, violence or stalking from continuing to occur. In this case,the victim would seek an Order of Protection as a way of preventing the accused (a current or former spouse, partner or family member) from further acts of violence, threats or abuse.

If you are seeking to obtain an Order of Protection, an attorney will be invaluable in helping you. It can be confusing and complex to try to obtain an Order of Protection. An attorney can help you by requesting the order and representing you at a hearing to prove the necessity of one for your protection. At Brian D. Perskin & Associates P.C., we are experienced in helping clients throughout New York who need assistance with an Order of Protection. We understand how important these orders are, and that they are vital in order to help the victims of abuse, stalking and domestic violence.

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Divorce mediation is about you and your soon-to-be ex-spouse deciding your own divorce and what is best for the both of you and most importantly, your children. In mediation, you and your spouse meet with a neutral third party – the mediator – and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost-effectively as possible.

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