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Family Law Lawyer
Michael A. Cohen is an experienced divorce attorney on long island. For many, the field of family law is an interesting and complicated one. Many times a person will have several questions going into court or hearings. It is important to remember that having the correct knowledge early on will save time and avoid costly mistakes. To that end consulting with an attorney experienced in family law such as Michael A Cohen will greatly increase your chances of a favorable outcome.
Orders Of Protection
One major issue that is frequently dealt with is getting an order of protection against a person or multiple people. You are able to get an order of protection against someone that you have a child with, a family member that you are related to by blood or marriage, someone that you were in an intimate relationship with, or a current or former spouse in Family Court. In Criminal Court, you can get an order of protection against someone with whom you share no relationship. You may apply for an order of protection in both courts at the same time. Your children may also be covered by the order of protection. If you are asking for the order of protection, you would be called a petitioner, while the person who you are getting the order of protection against is the respondent. In Criminal Court, the respondent would be called a defendant instead.
The affidavit of service must be filed to show that the respondent or defendant was told about the case. Both of the parties have the right to an attorney, and the order of protection that would be drawn up will likely ask for the person or persons to not contact you through telephone, email, or letters, not to go to your job, residence, etc., not to harass, threaten, menace, or commit crimes against you, and to be removed by police from your place of residence. If you miss your court date, your temporary order of protection may be thrown out, and in Family Court if either the petitioner or respondent is absent, a warrant for his or her arrest will be issued. If the order of protection is violated, the person whom violated it may be subject to jail time or probation.
Child Custody Legal Matters
Child custody may be broken down into legal custody and residential custody. New York can't make orders regarding the child’s custody and visitation once that child turns eighteen. Sole "legal" custody is when only one makes all major decisions concerning the child, concerning health care, religion and education. Joint custody is where both parents make the above mentioned major decisions. While people can agree to "joint" legal custody, courts rarely order it, unless the parents have shown the ability to put aside their differences for the benefit of their child.
Courts make "residential" custody determinations based on the "best interests" of the child based upon a number of factors, which include, but are not limited to which parent has historically been the primary caregiver for the child, each parent’s mental and physical health, any history of domestic violence, parenting skills, the parents’ work schedules, the relationship of the child to other members of the family, the wishes of the child, and the cooperation of the parents. Another factor courts consider in making custody determinations is which parent is more likely to encourage a relationship between the child and the other (non custodial) parent.
Child custody is an issue that may be settled by the parents by written agreement. However, any agreement must be approved by the court and any attorney that may have been appointed to represent the child. The parent who does not have residential custody will enjoy parenting time with their child. An "attorney for the child" formerly known as a "law guardian" may be appointed to advocate for the child’s best interest. Custody and/or visitation arrangements are not etched in stone, as they may be modified based if a parent can show that a significant change in circumstances has occurred such that a modification of custody/visitation is in the best interests of the child.
Family law is an area of law which requires the ability of an attorney to smooth over disagreements or tension between parents, strong negotiating, and if necessary, strong litigation skills - skills that are possessed by Michael A. Cohen.
Grounds For Divorce in New York State
No Fault Divorce in New York including Suffolk County, Nassau County, Westchester County, and the 5 boroughs of New York City including Bronx, Brooklyn, Manhattan, Queens, and Staten Island.
The Grounds for Divorce that include "No Fault" Divorce include the towns and villages such as Great Neck, Roslyn, Manhasset, Port Washington, Garden City, Oyster Bay, Glen Cove, Lloyds Neck, Syosset to the north and Bellmore, Lawrence, Hempstead, Oceanside to the south in Nassau County.
Michael A. Cohen services divorce proceedings in the towns and villages of Suffolk County including Huntington, Commack, Northport, Stony Brook, Port Jefferson, Smithown, Dix Hills, Hauppauge, Islip and out to The Hampton Bays, Montauk, and Greenport.
A few years ago, New York State became the final state in the country to adopt some form of “No Fault” Divorce. For divorce actions started on or after October 12, 2010, in addition to the “fault” based grounds mentioned below, a spouse may be granted a divorce, provided that one party states under oath that the relationship between husband and wife has been “irretrievably broken” for a period of at least six months.
The amendment to the Domestic Relations Law further provides that a judgment of divorce cannot be granted unless and until all economic issues relating to property distribution, the payment or waiver of spousal support (eg. alimony/maintenance), child support, custody, visitation, and attorney’s fees have been resolved by the parties. Michael A. Cohen is a long island divorce lawyer who is experienced in no fault divorce in the state of New York
Michael A Cohen, Esq., practices exclusively in the areas of matrimonial and family law.
Experienced in the laws regarding child support, Michael A Cohen knows the problems associated with receiving or payment of support. In New York State, child support refers to the money paid by the non-custodial parent (not living with child) to the parent who has residential custody of the child. Child support is determined pursuant to the Child Support Standards Act ("CSSA"). Michael A Cohen has more than 20 years of experience in interpreting the CSSA as well as mandatory CSSA child support "add ons" and will advise you how you can maximize your receipt of child support or minimize your payment of child support to the custodial parent.
There can be times when the initial awards or agreements concerning child support, custody and visitation no longer meet your needs or the needs of your child and modification is necessary. There are other times when it is necessary to enforce child support or visitation provisions that were previously made. Michael A Cohen has handled thousands of modifications of child support, custody and visitation for clients in Nassau County and Suffolk County on Long Island as well as Manhattan, Bronx, Queens, Brooklyn, Staten Island and New York City. Michael A. Cohen's experience in these matters insures that your best interests are being represented.
Often decisions made by parents or the courts with regard to child custody will greatly affect their well being and future as well as yours. Michael A Cohen is well versed in this emotionally charged and sensitive area of law and has negotiated thousands of custody agreements between parents -- in and out of court. Having a lawyer who is experienced in matters of custody is the best option to ensure that your rights and the best interests of your children are considered.
Similarly, determining visitation for a non-custodial parent after a divorce or separation is an issue that should be handled by an experienced Attorney, taking into account the “best interests of the child”. In most instances, it is in the best interests of the child to spend time with both of their parents, regardless of who has custody.
Often circumstances may change over time and the custody and/or visitation provisions contained in a divorce, custody agreement or Family Court Order need to be modified. The standard for modification of an existing custody/visitation Order is whether there has been a significant change in circumstances such that modification is necessary and in the best interests of the child. Courts will consider a number of factors before making this determination. If at all possible, modification of existing custody and/or visitation arrangement should be determined by parents rather than the Courts. In addition to handling countless court proceedings to modify existing custody and visitation orders, Michael A. Cohen has negotiated many agreements between parents to modify previous custody and visitation arrangements.
Determining maintenance(commonly referred to as alimony), whether temporary or permanent is a difficult issue in many divorces, particularly after the legislature adopted a "formula" for calculating temporary maintenance to be paid during the pendency of a divorce in 2010. Michael A Cohen is experienced in all aspects of maintenance and temporary maintenance calculations so as to ensure that the amount you are paying or receiving in maintenance is not unjust or inappropriate. Having a lawyer that is experienced in this area of the law greatly enhances the ability to have a positive outcome in your own particular case.
No matter what legal matter you may have in Matrimonial and family law Michael A Cohen has represented countless clients since his admission to the bar over twenty years ago. All family law legal matters including divorce, child custody and support, spousal support, fathers rights, distribution of assets to name a few. Knowing how the court system works and how judges in Suffolk County, Nassau County, Queens, Manhattan, Brooklyn, Bronx, and Westchester might make decisions based on their perspectives, greatly enhances the chances of success in your case.
Certainly the area of family law that needs the greatest attention, skill, and professionalism is divorce. It will have the greatest impact on your income, assets, and relationships with those that matter to you most, your children. Should you retain him, highly rated and experienced long island divorce attorney Michael A Cohen will be at your side through the whole process start to finish.
Moreover, when assets include high incomes, businesses acquired during or prior to the marriage, retirement accounts, trusts, pensions, inheritances and more, a divorce attorney experienced in high net worth cases is needed. Often high net worth cases are further complicated by hidden assets and financial shenanigans, and as such, require a skilled attorney to represent your economic well being by first and foremost creating a plan that minimizes attorney fees, while maximizing your own financial well being.
One of the first things looked at when thinking about a divorce is what assets (or debts) are distributed in New York State by the Courts. For example, unlike other States, degrees and licenses acquired during a marriage are considered to be "marital assets" in New York and valued before they are "equitable distributed" in a divorce.. An experienced and competent attorney is necessary to interpret the law and to avoid getting assets distributed that is not equitable or fair in your particular case and Michael A. Cohen has over twenty years of experience in this area of law.
Separation Agreements can help couples on long island make provisions for assets, debt, alimony, child support, and property. An experienced divorce attorney can help you know what to expect and how to put your best interests forward.
Today’s family unit can take on many appearances, including blended families and second and third marriages. Having a Prenuptial Agreement, which is a contract drawn up by attorney Michael A Cohen, makes sure your rights are protected should there be a divorce.