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Garden City NY Divorce Law Blog

'Prank' videos could end in parents losing custody of 2 of 5 kids

Several videos on a YouTube channel could end up costing a father and stepmother custody of two of their five children. The videos were heavily criticized by viewers who believed the actions of the father and stepmother amounted to verbal and physical abuse.

Deputies with the local sheriff's office took two of the children and placed them with their biological mother. A hearing will be held to determine if the temporary custody will become permanent custody.

What is marital and separate property in a divorce

Considering the number of people who marry later in life or remarry after a divorce, it's quite common for spouses to have separate property they already owned.

Marital property includes any resources or assets that a couple amass collectively during the course of their marriage. While signing either a prenuptial or postnuptial agreement with your spouse is a particularly effective way to document ownership of assets, many fail to protect themselves this way.

Must I let my ex take my minor child out of the United States?

Some divorced parents want to expose their children to international travel at a young age. While rearing globe-trotting tots may not be a goal of all parents, there are many who choose this type of lifestyle for themselves and their children.

However, American kids 15 and under require both parents to personally appear in order for application to be made for the child to get a passport. Both parents must supply proof of parentage at the time.

Divorce and pets: New York bill introduced for pet custody

Custody disputes aren't just for couples with children. Fights over pets can quickly evolve into dramatic battles during a divorce.

Courts see pets as property, for the most part. Recently, though, some advocacy groups and state legislators are starting to promote the idea that the courts need to ensure the best interests of these beloved creatures.

How mediation can help during divorce

When you're getting divorced, one option that you have is to use mediation for at least part of the process. Now, it's not for everyone, but it's important to consider some of the benefits.

For one thing, it means you get to make decisions in a more relaxed setting. If going to court makes you nervous and you're worried you won't really get to fight for what you want, meeting with your legal team, your spouse, and the mediator can help take some of the pressure off.

Plan for your children far into the future

One thing that many people don't think about when they are dealing with divorce and custody issues is how future plans could impact those issues. If, for example, you spend a great deal of time and effort fighting for sole custody of children because you don't think they would be safe with the other spouse, you probably don't want to leave their care up to chance if something should happen to you.

Even if you aren't in such an extreme situation, you still might want to ensure some of your wishes are adhered to as your children grow, even if you aren't still there. If you have joint custody, for example, you might want to try to ensure that your children will still see your parents on a regular basis or be involved with your side of the family should something happen and full custody go to the other parent after you are gone.

Using Bitcoins to hide assets during a divorce

When declaring marital assets during a divorce, it is very important that all assets are declared. This includes cash, bonds, stocks, private collections such as as art, properties and more. However, some spouses choose to hide assets from their soon-to-be ex-spouses. The courts frown very heavily at such actions and if the hidden assets are found, the spouse that hid them can find his or her share of the martial assets drastically decreased in the final divorce decree.

One way that some spouses attempt to hide assets is through the use of Bitcoins. Satoshi Nakamoto, the inventor of Bitcoins, defines the currency as "A Peer-to-Peer Electronic Cash System." Known as a cryptocurrency, Bitcoin owners can transfer money without using a middleman like Money Gram or a bank. The spouse is also identified during the currency transfer only by a string of numbers used for the Bitcoins' wallet address. That's where Bitcoin's are stored.

Could your spouse be hiding assets during the divorce?

If your soon-to-be ex was trustworthy and faithful, chances are good that he or she wouldn't be your STBX.

Given that, it wouldn't be too surprising to learn about the latest attempt at subterfuge. Suddenly, your assets seem to have shrunk substantially. Here's how it might have been done.

Property division rights during a New York divorce

When a couple marries in New York, it is assumed that any money or property acquired during the marriage is marital property. This means that it belongs to both parties. Any money, investments or property acquired by either person prior to the marriage is considered separate property. Certain property can be kept out of the marital property label by the couple signing a prenuptial or postnuptial agreement.

Marital property includes any of the following:

Talking about changes helps kids after divorce

Parents often want to shield their children from the negative impact of a divorce, trying to make the transition as smooth as possible. That is important, and much of the child custody plan will be geared around helping the children live their lives as normally as they can.

However, parents shouldn't take things so far that they don't talk to the kids about the divorce, the changes it's going to bring, how life is going to work moving forward, and what it means for the family. Shielding children is one thing, but parents must realize that kids are going to be impacted. Talking about this can help them through it.

Sunday, May 28, 2017

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