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.…
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…
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…
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…
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…
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…
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…
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…
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…
Estate Planning: 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.,…
Can I Move Forward with an Orthodontist Appointment for My Son? Question: I am in New York State. Last year I was awarded final say for all medical and health related issues for my two children. I recently went to two orthodontist consultations and my ex husband attended both. I picked one to visit and…
Out of State Visitation Schedule After a child custody arrangement is settled, it is not uncommon for one parent to move out of state. This is often done out of necessity. However, relocating makes it much more difficult for the non-custodial parent to see their children. If you are having trouble coming up with an…