Joint Legal Custody — Orange County

Physical Custody is the right of a parent to reside with his or her children.  Legal Custody is the right of a parent to make decisions for the children regarding the children’s education, religion, medical care, discipline, place of residence and associations with others.

Orange County Custody Trial

Recently, the Orange County Family Court awarded joint legal custody to both parents after a month long custody trial.  Attorney David R.  Sachs, represented the father and was able to successfully argue that the court should render an award of joint legal custody to the parties.  The father was facing the prospect of losing custody entirely of his children.  During the trial there were several contentious custody issues regarding the discipline of the children, child care, and the overall best interest of the children. 

In New York it is very unusual for a court to render an award of joint legal custody following a trial, especially in situations where there is a high level of tension between the parents.  Usually the New York Family Court awards sole legal custody to one parent following a trial, which makes the outcome that Attorney David R. Sachs was able to achieve on behalf of his client all the more impressive.  In addition to obtaining an award of joint legal custody, Attorney Sachs was also able to win a significant amount of visitation time for his client. 

Riebling, Proto & Sachs, LLP — Child Custody Attorneys

Attorney David R. Sachs is a child custody lawyer who handles numerous custody trials often with successful outcomes.   Contact David R. Sachs with your child custody issues at Riebling, Proto  & Sachs, LLP.

A topic of usual concern for clients involved in both Family Law Cases and Criminal Defense Cases is the issuance of an order of protection by the court.  The attorneys at Riebling, Proto & Sachs, LLP regularly appear in the Family Courts and Criminal Courts of Westchester, Orange, Rockland, Dutchess, Putnam, the Bronx, Brooklyn, Queens, and New York to defend clients against the issues that arise when an order of protection is issued.

An order of protection may be granted in a number of different cases pursuant to various criminal and civil statutes, including Criminal Procedural Law sections 530.12(1) and 530.13(1); Articles 3, 4, 5, 6, 7, 8 and 10 of the Family Court Act; and Section 240(3) of the Domestic Relations Law.  Generally, orders of protection fall under two categories, temporary and permanent.  A temporary order of protection is typically made during the pendency of the action.  A permanent order of protection is usually issued at the conclusion or disposition of the case.  Frequently, temporary orders of protection precede permanent orders of protection.  

New York Law prohibits the extension of an order of protection to a person(s) unrelated to the underlying criminal action.  See People v. Konieczny, 2004 WL 1263762 (N.Y. 2004).  The order of protection may cover the complainant and family or household, but not beyond.  People v. Petrusch, 306 A.D.2d 889.

Orders of protection may also be issued in instances where the person being “protected” by the order opposes the terms of the order of protection and does not want the defendant being barred from contacting him or her.  People v. Monacelli, 299 A.D.2d 916.  This particular event often occurs in cases involving spouses and families. 

In criminal cases, an order of protection may be part of the court’s order allowing for the defendant release from custody.  CPL Sections 530.12 (family offenses) and CPL 530.13 (non-family offenses).  At times, a court may issue an order of protection on its own, based upon “good cause shown”, when an accusatory instrument (complaint) is filed by the prosecution.  In such an instance, the defendant has a right to contest the issuance of the order of protection in those circumstances where a constitutionally protected right, such as being excluded from the defendant’s residence or being prohibited from contacting the defendant’s family, is restricted.

Also, a court can suspend or revoke a pistol permit and possession of firearms.  A defendant has a right to hearing on the issue of firearms.  It should be noted that a violation of an order of protection due to firearm possession is also a violation of federal criminal law.

By understanding these important aspect of the law as they pertain to orders of protection, the criminal, matrimonial and family law (child custody, child support, family offense) trial attorneys of Riebling, Proto & Sachs, LLP continue to successfully assist their many clients.

If you or someone you know needs the assistant of a criminal, family or matrimonial attorney, please contact Riebling, Proto & Sachs, LLP for a free consultation.  The firms trial attorneys regularly appear in the courts of Westchester, Bronx, Rockland, Putnam, Dutchess and Orange Counties in New York State.

In New York under the Child Support Guidelines the child support obligation is determined by which parent is  deemed to be the non-custodial parent.   The non-custodial parent is determined by which parent provides care for the children a substantial majority of the time.  If one parent provides a substanial majority of the care, then the other parent will be deemed to be non-custodial and required to pay child support.   But if neither parent provides care a substantial majority of the care, then neither parent potentially owes child support or owes a reduced amount of support depending on the circumstances.  The courts tend to determine on a case by case basis, which parent provides a substantial majority of the child care for purposes of determining whether child support is owed.  It is important that if you are going through a divorce or custody dispute to keep in mind the amount of time that you will actually be spending with your children as this may affect you financially down the line.  It is important to select an attorney who understands these issues and can guide you accordingly.  At Riebling, Proto & Sachs, LLP we have the experience to assist you through these difficult issues.

Beginning a Divorce to Avoid Child Support Enforcement

Under New York State law, when a party enters into a stipulation in a divore or matrimonial action regarding child support and that party wishes to modify the child support order, the party must demonstrate an unreasonable or unanticipated change in circumstance.  Moreover, New York state child support enforcement law requires that a party for a downward modification for child support show that his or her change in circumstances is substantial. 

So in other words, in order to avoid potential New York State child support enforcement against a party, that party under New York State child support law, must draft a divorce or matrimonial agreement very carefully. 

At Riebling, Proto & Sachs, LLP,   we have experience drafting such agreements to avoid litigation regarding unanticipated or unforseen circumstances.  We can  handle issues to lower child support and avoid New York State child support enforcement for clients.  Under New York law, child support is handled using a child support calculator and it usually involves a percentage of the income of the parent who does not have child custody.  We also handles such cases on behalf of clients to increase child support under New York law.