Yearly Archives: 2020

Father Winning Custody

Father Winning Custody

As a dedicated Saratoga Child Custody Attorney, I am most often asked about a father winning custody in NY. Because New York State does not presume that the mother should be a child’s primary custodial parent, it is possible for a father to be awarded custody. New York’s standard is always the best interest of […]

Grandparents’ Rights in New York State

Grandparents' Rights in New York State

As a Grandparent, Do I Have Rights to the Child if the Father Doesn’t? Question: I haven’t seen my four-year-old grandson in almost two months. We’ve been active in his life since birth, and were a true asset to each other’s lives. Child support payments should not be a reason this child is being taken […]

How Long Does It Take to Serve Someone with an Order of Protection?

How Long Does It Take to Serve Someone with an Order of Protection?

Question: I placed an order of protection on my ex girlfriend that lives with me. We are both on the rental lease. She hasn’t been served yet. She assaulted me and was charged with assault in the 3rd degree three weeks ago. She is still controlling and empowering the situation. She won’t leave our home […]

How Long Does a Temporary Order of Protection Last?

How Long Does a Temporary Order of Protection Last?

Question: My ex was arrested on a domestic violence case and I have an order of protection but it’s temporary. The case is still pending. How long does a temporary order of protection last? Answer: The temporary order will remain in effect until your next court appearance, at which time it can be vacated, modified […]

How Do I Remove an Order of Protection?

How Do I Remove an Order of Protection?

Question: There was a misunderstanding between me, my partner, and my son. Someone else called the cops, and now there’s an order of protection. We are trying to go to counseling but this order is preventing us from moving forward as a family. Answer: While the individuals may agree to lift the order of protection […]

Child Custody During COVID-19

Child Custody During COVID-19

Nurses, doctors, hospital workers, and other essential employees are on the front lines in the battle against coronavirus. However, this means that they are also at higher risk of exposure. There is a growing number of ex-spouses and parents across the country who are withholding child custody or seeking full custody during COVID-19 due to […]

Modifying Child Support After a Child Turns 18

Modifying Child Support After a Child Turns 18

Question: I am currently paying child support for my 2 children. My oldest will turn 18 years old in September. Can I file a motion to reduce my child support payment when she turns 18 years old? Answer: Unless otherwise agreed, child support ends at 21. Your child turning 18 does not in and of […]

Moving Out of State Because of Domestic Violence Threats

Moving Out of State Because of Domestic Violence Threats

Question: I am pregnant and in a domestic violence situation. The child’s father put me in the hospital last week and has continued both verbal and physical threats of violence and homicide. I’m trying to understand what steps I can take moving forward to ensure safety both physically and on a legal ground regarding custody. […]

New York Marital Assets Equitable Distribution for a Spouse Earning Less

Question: I am going through a divorce in the state of NY. I am seeking 50/50 of all marital property, joint legal and physical custody of 2 minor children. There are 4 main real estate properties which were acquired during the marriage, one is main residence and the other 3 are rental properties. Spouse claims […]

Can I Get a Divorce if I Don’t Know Where My Wife Is?

How Can I get a Divorce When I Do Not Know Where My Wife Is

Question: We were married on 5/30/2010. We split in October 2010, she left N.Y. and i have no idea where she is. I would like to remarry later this year so i need a divorce soon. Answer: If you cannot find her by any means, you will need to commence an action for divorce and […]

Requesting a New Legal Guardian for Your Child

Requesting a New Legal Guardian for Your Child

Picking a legal guardian for your child after a divorce can be a difficult task. It can cause a lot of stress if the choice you made is not working out well. If you are interested in requesting a new legal guardian for your child, here is what you will need to know. Requesting a […]

Estate Planning: Importance of a Trust

Importance of a Trust

Trusts are important legal instruments that hold and control assets, managing and distributing them for specific purposes. They provide tax relief, preserving the wealth you will want to access later or pass on to your heirs. But the dedicated Saratoga wills and trusts lawyers at Jean M. Mahserjian, Esq., P.C. understand that trusts are more. […]