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Family Archives

Keep your parent safe - know the signs of elder abuse

The time finally came where your relationship with your mother had a role reversal. Now you are the one taking care of her. Unfortunately, you are not totally equipped to see to all of her needs. That is why you decided a nursing home was the best option. You got her moved in a month ago, but you are having doubts that it is a safe environment for her.

Grounds for Divorce in the State of New York

Marriage can be difficult under the best of circumstances. Sometimes, the difficulties become too much to try and overcome and the partners choose to file for divorce. If you find yourself in a marriage that is broken and you are ready to take the steps necessary to file for divorce, understanding the different grounds or "reasons" accepted by the State of New York will be beneficial.

Who Pays for Medical Insurance for Children in a Divorce?

When the decision to end a marriage through divorce has been made, a number of practical considerations must follow. Dividing the marital assets and debts, for example, must be accomplished during the divorce. If minor children are involved issues relating to custody, visitation, and support must be considered. Support of the minor children does not refer solely to a monthly check paid by the non-custodial parent to the custodial parent. Support also refers to issues such as who pays for medical insurance for children in a divorce.

What Is Physical Custody?

When a married couple decides to end the marriage, there are a number of important issues that must be deciding during the subsequent divorce process. If the couple has minor children of the marriage, decisions relating to the children will be among the most important issues in the divorce. Custody of the children, for example, must be decided. Custody, however, is actually divided into two categories - physical custody and legal custody. Understanding what is meant by both physical custody and legal custody is imperative if you plan to end your marriage and go through the divorce process.

What Is the Difference between SSI and SSDI?

If you suddenly find yourself unable to work because of a medical condition that is unlikely to improve anytime in the near future, you are likely concerned about supporting yourself and your family while disabled. Fortunately, in the United States there are programs available that provide monetary benefits to the disabled. The Social security Disability Insurance program (SSDI) and the Supplemental Security Insurance program (SSI) are two such options. Understanding the difference between SSI and SSDI is important when considering which program you should apply to for benefits.

Are There Less Expensive Alternatives to Litigation for a Civil Dispute?

For most people, involvement in the legal system is an intimidating, time consuming, and costly endeavor. Unfortunately, however, the odds are good that you will be involved in some type of civil legal dispute at some point in your lifetime. If you find yourself the litigant in a civil dispute you may wonder " Are there less expensive alternatives to litigation for a civil dispute? " The good news is that yes, there are less expensive alternatives. In fact, litigants are often required by law or the terms of a contract to try alternative methods of resolving a civil dispute in the State of New York. When not required, a court may strongly "suggest" to parties that they attempt to resolve their dispute using Alternative Dispute Resolution, or ADR.

Is Adoption Confidential? What Is a Confidential Intermediary?

At its best, adoption allows a child to become part of a family and allows a parent to create or enlarge his or her family. Adoption can also be extremely emotional for the adoptees and for everyone involved in the process. In the past, adoptees were typically not told they were adopted until they were adults, if at all. Birth parents and birth siblings were rarely reunited with children placed for adoption. In short, the entire system operated in the shadows. Fortunately, things have changed over the last few decades. For anyone involved in, or contemplating, adoption, however, many questions remain. Is adoption confidential, for example, or what is the role of a confidential intermediary? Because adoption is such a personal and sensitive issue it is always best to discuss questions and concerns with an experienced New York adoption attorney; however, an overview of the confidentiality of adoption and adoption records may be helpful in the meantime.

What Happens If I Don't Respond to a Divorce Complaint in New York?

When one party to a marriage decides to end the marriage the first step toward legally doing so in New York is to file for divorce. If your spouse has filed for divorce you will be served with a copy of the Complaint for Divorce along with a Summons. Your spouse is required by law to serve you with both documents. The Summons will indicate how long you have to file a formal, written Answer to the Complaint. If you don't respond to a divorce complaint in New York you will waive your right to contest not just the divorce itself but also the terms of the divorce. For this reason, you should consult the experienced attorneys at Simon & Gilman, LLP the moment you are served with a Complaint for Divorce.

How Long Do I Have to Pay Child Support in Queens?

When the decision is made to end a marriage a number of practical decisions must then follow as part of the divorce proceeding that legally ends the marriage. If there are minor children involved, a number of those practical decisions will involve, or center around, the children. Who will have physical and legal custody of the children? How will visitation be arranged for the non-custodial parent? If you are to be the non-custodial parent, you will also likely be ordered to pay child support to the custodial parent. One question you may have as a result is "How long do I have to pay child support?"

How Does a Judge Generally Decide Division of Holidays in a Divorce?

Ending a marriage is usually an emotionally charged time for everyone involved. When minor children are involved, both the emotional and legal aspect of a divorce can be even more challenging. If you are planning to get a divorce in New York and you have minor children of the marriage you likely have a number of questions and concerns about how custody and visitation issues are handled in the divorce. Just as no two marriages are exactly alike, no two divorces are exactly alike. Therefore, the only way to obtain concrete answers to specific questions is to consult with an experienced New York family law attorney. There are, however, some common guidelines to common issues in a divorce involving minor children. Take the question " How Does a Judge Generally Decide Division of Holidays in a Divorce? " for example. Because this issue is found in almost every divorce involving minor children, there are some common guidelines for how the issue is handled.