Top NYC Family Law Attorney

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• The Mandel Law Firm

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Introduction

• The legal relationships of people within a family
  are governed by family law
• Family law governs dissolution of families
  through divorce, which is a major area of work
  for paralegals
• Whether property is distributed before or during
  a marriage, or when one ends, property must be
  transferred when a person dies
• Wills and trusts are often used to transfer a
  persons real and personal property, or estate,
  after death

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Family Law

• Marriage and divorce
• Adoption
• Child support and custody
• Child and spousal abuse
• Parental rights and duties

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• Marriage Requirements
• Two persons
• Currently unmarried
• Not closely related by blood
• Over a certain age
• Usually 18 years old
• Exception emancipated persons
• Cont.

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• Marriage Requirements
• Procedural requirements
• Marriage license
• Blood test
• Waiting period
• Marriage ceremony
• Marriage license must be recorded

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• Common Law Marriages
• Parties become married solely by mutual consent
  and without license or ceremony
• Four general requirements
• Must be eligible to marry
• Must have present and continuing intention and
  agreement to be a married couple
• Must live together as a married couple
• Must hold themselves out to the public as a
  married couple

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Family Law

• Marital Duties
• Previously, marriages were private contracts
  arranged between families
• Now, marriage contracts are governed by the state

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Family Law

• Marital Duties
• Financial support
• One spouse has duty to support other spouse and
  children
• Food, shelter, medical care
• Spousal abuse
• Restraining order
• Domestic abuse

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Family Law

• Parental Rights and Obligations
• Direct the upbringing of their children
• Parents have control over
• Where children live
• What school children attend
• What religion children practice
• What medical care children are given
• Behavior of their children
• Punishment of their children
• Cont.

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Family Law

• Parental Rights and Obligations
• Must provide
• Food
• Shelter
• Clothing
• Medical care
• Schooling
• These duties generally end when child is 18

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Family Law

• Parental Rights and Obligations
• Liability for childrens wrongful acts
• State laws vary considerably
• Child abuse and neglect
• In loco parentis
• Children born out of wedlock
• Law provides rights and protections for these
  children
• Paternity suits
• Inheritance rights

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Family Law

• Adoption
• Procedure in which persons become legal parents
  of a child who is not their biological child
• Not to be confused with foster care, which is
  temporary
• Requirements for adoptions

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Family Law

• Adoption
• Agency adoptions
• Independent adoptions
• Stepparent adoptions
• Surrogacy
• Court approval and probation

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Family Law

• Marriage Termination
• Annulment
• Court decree that invalidates a marriage
• Children born during the marriage are considered
  legitimate
• May be based on various grounds
• Lack of genuine consent
• Fraud
• Bigamy

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Family Law

• Marriage Termination
• Divorce
• Formal court proceeding legally dissolves a
  marriage
• Fault-based versus no-fault divorces
• Irreconcilable differences
• Living separately for a period of time specified
  by state statute
• Incompatibility
• Divorce procedures
• Petition for divorce
• Negotiation and mediation

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Family Law

• Child Custody
• Typically the most contentious issue in a divorce
• Court may appoint a guardian ad litem
• Factors considered in determining child custody
• Types of custodial arrangements
• Legal custody
• Joint custody
• Visitation rights
• Right to have contact with the child

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Family Law

• Child Support
• Court makes provision for child support,
  regardless of custody arrangements
• Financial support for childs needs
• States have standardized guidelines, often
  percentage formulas based on parental income

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Family Law

• Child Support
• Withholding payment
• Interstate enforcement of child-support decrees
• Uniform Interstate Family Support Act
• Every state agrees to enforce orders

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Family Law

• Spousal Support
• Alimony, or maintenance
• Financial support paid to a former spouse
• Permanent or temporary
• Rehabilitative alimony
• Education
• Training
• Palimony

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Family Law

• Property Division
• Marital property
• All property acquired during the course of a
  marriage
• Separate property
• Property that a spouse owned before the marriage,
  plus inheritances and gifts acquired during the
  marriage

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Family Law

• Property Division
• Pension benefits
• Community property
• All property acquired during the marriage
• Common law marital property
• Equitable distribution

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Contact The Mandel Law Firm.L.P.

• The best way to get guidance on your specific
  legal issue is to contact a lawyer. To schedule a
  meeting with an attorney, please call or complete
  the intake form below.
• Contact Information
• 370 Lexington Avenue, Suite 505
• New York, NY 10017
• 646.770.3868
• info_at_mandellawfirm.com