Recent Posts in Father's Rights Category

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Do I Need A Lawyer In Family Court

It is just Family Court some people will say, why do I need a lawyer? Well if you know Family Court Procedure, if you have followed all of the rules, if the other side is absolutely 100% wrong and if ...
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Fighting Against Parental Alienation

One of the worst types of divorce are the ones in which parental alienation occurs. The courts have held that a parent who alienates a child from the other parent or deliberately interferes with the ...
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Should I Move Out Of My House During My Divorce

Many men going through a contested divorce will ask me should they move out because they can't stand living in the same house. Usually my advice is that they should hang in there as long as there ...
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Child Support Recipient Does Not Have To Account For Spending

What does he/she do with the money I pay for child support ? This is a question that I frequently hear. The paying parent believes that they pay too much and that the recipient is not using the money ...
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Happy Father's Day

Happy Father's Day to all the men who love their children more than anything else and are great parents, The role model that you are for your children and the life lessons you share with them ...
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Active vs Passive Divorce Judges

As a busy divorce lawyer I practice in front of all of the matrimonial judges in my county. There are some judges that are known to be very accommodating to adjournment requests, there are some judges ...
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Is One Parent "Better" Than The Other Parent?

I suppose in some cases the answer to the question is very easy, however in most custody cases perhaps not quite so fast and easy. Obviously, the drug addicted, or incarcerated, or non-visiting ...
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Support Check With Offensive Memo Violated Order Of Protection

I see it time and time again, people get charged with violating Orders of Protection for what they think is harmless but the courts see it otherwise. In a recent decision an Order of Protection was ...
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Making The Holidays Less Stressful

If you are in the middle of your contested divorce and have not worked out a schedule for your children for Christmas Eve, Christmas Day, the holiday school recess, New Year's Eve and New ...
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Sweeping Divorce Maintenance Law Changes To Arrive in October

Governor Cuomo signed legislation that will change how temporary maintenance is calculated and will also for the first time provide a formula for the calculation of post-divorce maintenance. Key dates ...
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Reminders To Include In Custody Agreements

So your case is being settled and the joint custody agreement is being prepared. Here are a few items to consider placing in the Stipulation. It is impossible to list every possible scenario that ...
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The Divorce Courts Can't Fix Everything

I recently read a Divorce Custody decision in which there was an overabundance of proof that the Mother had grossly and maliciously interfered with the children's affections for their Father. ...
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Who Keeps The Engagement Ring

In New York, if the marriage does not take place the person who gave the ring is entitled to have it returned. If the marriage has occurred then the ring is the property of the person who received it. ...
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Do I Need A Lawyer If We Use A Divorce Mediator

Most clients even if they mediate their divorce will benefit from having their own private attorney review the proposed agreement and suggest modifications. The quality of divorce mediators is very ...
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What Are Your Post-Divorce Goals

You have decided to divorce or are in the middle of your divorce. Have you thought about your long term goals? Have you decided which issues are the most important to you? A true reflection on your ...
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Inmate Father Granted Visitation Where Mother Interfered With Relationship

In a very interesting father's rights decision, a father who will be in jail until 2027 has visitation rights with his son, age 5, even though the child believes his step-father is his biological ...
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Does Going To Trial Help

I just finished a 10 day divorce trial which finally settled as the 11th day was about to begin. Both clients testified, the husband was cross-examined, the wife was about to be cross-examined and the ...
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Advantages & Disadvantages Of Jointly Owning The House After Divorce

If you are considering whether to remain joint owners of the marital home until your youngest child turns 18 and/or graduates from high school what are the benefits and risks of the decision? In some ...
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Is An Appeal Of An Order Of Protection Moot If The Order Has Expired

New York's highest court, The Court of Appeals, has ruled that a properly filed appeal of an Order of Protection (O/P) can still be decided (it is not "moot") even though the O/P has ...
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How To Resolve Orders Of Protection From The Family Court

Temporary Orders of Protection (TOPs) are strong tools to prevent domestic violence. If your spouse or partner obtains a TOP from the Family Court (civil proceeding) as distinguished from the District ...
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Children's Birthdays: To Divide The Day Or Not

Almost all divorce parenting schedules that I have written or received from other attorneys divide time between the parents on their children's birthdays, but is this a good decision? Most ...
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Parenting Schedules Are Not Always Traditional

The traditional most common parenting schedule is the alternate weekend from Friday after school until Sunday evening, one or two dinner visits during the week and alternating legal and religious ...
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Resolve Your Holiday Parenting Schedules In Advance

One of the most difficult and frustrating problems for parents are last minute parenting/custody disputes involving the winter holidays. I urge you to resolve the schedule of Hanukkah, Christmas Eve, ...
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My Child Refuses To Visit The Other Parent

In the last few months I have had several cases in which children are refusing to attend parenting time or visit with the non-custodial parent. In one case it is crystal clear why the children are ...
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Does Your Claim Pass The Smell Test?

Everyday divorce clients or their spouses and/or the other parent will make claims to their attorneys and judges that are very believable or perhaps total nonsense. Experienced lawyers and judges very ...
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Steven P. Kuhn, Attorney at Law
Suffolk County Divorce Lawyer
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