Full Description

GUIDE TO CUSTODY, SUPPORT, AND VISITATION RIGHTS IN NEW YORK

Are you having trouble collecting child support? Do you want to get custody of your
children? Do you want to seek child support but don’t know how? The answers to
your questions may lie in this book.

Whether you are divorced, still married and can’t afford a divorce right now or
have never been married to the other parent of your children, this book will tell you how to
get or modify custody or visitation of your children and how to ask for, defend against, modify
and enforce child support. The book contains all the forms you need with easy to follow
explanations and also helps guide you through New York’s Family Court. The book contains
extensive appendices that give you important information such as lists of supervised visitation
programs, local bar associations, legal aid associations and family courts, charts to help
you easily determine child support and resources to help you cope.

This book explains in simple language:
--getting custody or visitation in New York
--understanding New York court procedure
--modifying a custody, visitation, or support order
--taking action in case of parental kidnapping or abuse
--finding an attorney, even when you cannot afford one
--working with an attorney
--gathering, organizing and presenting evidence
--testifying and calling witnesses
--defending a child support case
--understanding child support calculations in New York
--finding and understanding New York law
--filing a custody suit and presenting it in court
--determining paternity
--getting sole or joint custody
--collecting and enforcing overdue child support
--working with the judge and reaching settlements
--coping with it all
--dealing with interstate law if the other parent is out of state

Table of Contents

Using Self-Help Law Books -

Introduction -

Section I: The Law, the Lawyer's Role, and the Court System

Chapter 1: The Legal System and Legal Research -
-Courts
-Courtroom Procedures
-Gathering Information
-Trial Procedure
-Trial Technique
-Forms
-Service
-Statutes and Case Law
-Legal Research
-Attorneys

Section II: Custody and Visitation

Chapter 2: Custody and Visitation, Generally -
-Types of Custody and Visitation
-Types of Schedules
-Legal Requirements—Best Interests
-Jurisdiction
-The Child’s Role
-Emergencies and Special Situations

Chapter 3: Obtaining Custody and Visitation
-Filing
-Service
-Temporary Custody
-What You Must Prove
-The Respondent
-UCCJA

Chapter 4: The Custody and Visitation Court Case-
-Appearance Prior to the Trial
-Court Ordered Evaluations and Probation Reports
-Custody Trials
-Custody Trial Strategy
-In Camera Interviews
-The Order
-Asking for a Lawyer
-Coping with a Custody Case

Chapter 5: Custody and Visitation Settlements -
-How to Reach an Agreement
-Things That Must Be Settled
-Formalizing a Settlement
-Using Mediation

Chapter 6: Problems after an Order or Settlement in a Custody Case-
-Working Through Problems and Disputes
-Modification
-Returning to Court for a Violation
-Relocation
-Appeals

Section III: Child Support and Paternity

Chapter 7: Understanding Paternity -
-Paternity
-Determining Paternity
-Failure to Appear
-Coping with a Paternity Case

Chapter 8: Child Support -
-Child Support Laws
-Who Files for Child Support
-Calculating Child Support
-When Child Support can be Different
-Altering the Statutory Amount
-Other Types of Payments
-Spousal Support

Chapter 9: Child Support Cases -
-Filing
-First Appearance
-Financial Disclosure
-Hearing
-Attorneys
-Dealing with Your Child Support Case Emotionally
-Support Orders
-Out-of-State Parties
-Appeals

Chapter 10: Child Support Settlements -
-How to Reach a Settlement
-How to Make a Settlement Official

Chapter 11: Enforcement, Modification, and Review of
-Child Support Orders -
-Enforcement
-Modification
-Review and Adjustment
-Dealing with Arrears

Chapter 12: Conclusion
-
Glossary -
Appendix A: New York State Judicial Department and Districts
Appendix B: Listing of New York State Family Courts (by County and Borough) -
Appendix C: Supervised Visitation Programs in New York Cityand Surrounding Counties -
Appendix D: Child Support Offices (SCU) -
Appendix E: New York Domestic Violence Shelters -
Appendix F: New York Unified Court System Public Access Law Libraries -
Appendix G: List of Pro Bono Legal Aid Offices in New York -
Appendix H: Resources -
Appendix I: New York Statutes -
Appendix J: Child Support Standards Chart -
Appendix K: Blank Forms -
Index -

Excerpt

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