Navigating the various legal issues that can arise between family members can be uniquely challenging. According to the 2014-2018 American Community Survey, the overall divorce rate in New York State is 5%, which might be lower than the United States’ divorce rate of 10.9% but is still a significant one. Besides divorce, however, there are plenty of situations in which people in New York state need an experienced family law attorney’s assistance. No matter the details of your family law situation, our lawyers have the experience and knowledge necessary to help.

 

Common Situations When New York Family Law Attorneys are Needed

Some of the most common reasons besides divorce that you might decide to retain the assistance of a family law attorney include:

 

  • Child custody. The continuation of a strong bond between parent and child is critical to custody decisions. Ensuring that your child has a safe and supportive home is essential to your child’s well being. An experienced family law attorney can make sure your rights are protected.
  • Child support. Parents who do not hold primary custody of a child are responsible for contributing to the child’s financial needs. Regulations in New York State determine the amount that non-custodial parents owe in child support. A family court attorney can help ensure that your interests are protected when navigating Support Courts.
  • Domestic violence. There is a high risk of domestic violence and harassment following the separation of couples, but domestic violence can occur in many other situations. Fortunately, an experienced family law attorney can help victims get an order of protection and help defend those unjustly accused of a family offense.
  • Equitable distribution. Property acquired during a marriage must be distributed fairly and equitably following the terms of New York law.
  • Grandparent’s rights. Besides parents, many children also share important and life-changing bonds with grandparents. A family law attorney can help grandparents protect their right to visitation and make sure they continue to contact their grandchildren.
  • If a court order or custody arrangement already exists, and there has been a change in circumstances between or with the parties, it can be modified with an attorney’s help.
  • Before parental obligations can be established, paternity must first be determined. An attorney can help establish a link and the resulting obligations between father and child.
  • Prenuptial agreements. By retaining an attorney’s services before marriage, a person can reduce both the costs and stress that would occur in the event the couple divorced.
  • Postnuptial agreements. When an agreement between partners is entered into after marriage, this is classified as a postnuptial agreement, and an attorney can help write one.
  • Spousal support. New York law recognizes that after a marriage ends, one spouse is often found responsible for the other spouse’s financial support for some time to make the other spouse’s transition easier.

 

Why a New York Family Lawyer’s Help is Essential

It is often tempting to navigate family law matters on your own, but in reality, a skilled family law attorney’s assistance is often critical. Some of the factors that make our family law attorneys stand out from the competition to include:

  • If you decide to navigate the family law process on your own, you can quickly find yourself facing questions to which you do not have an answer. By teaming up with an attorney, you can make sure that you have answers to any questions that arise. This way, you are always prepared for whatever lies ahead.
  • Courtroom experience. Litigation experience is not to be underestimated. Family law attorneys have spent an extensive amount of time arguing in family law cases and know what it takes to win even the toughest issues. Years of family law experience give our lawyers the experience necessary to create strong legal tactics and how judges will respond to arguments. While you might attempt to go it alone through a family law issue, it is almost always a much better choice to team up with a seasoned professional.
  • Expert advice. Most family law matters revolve around the advice of various experts and professionals, including financial planners, mental health experts, and physicians. The most seasoned family law attorneys can call on a team of experienced professionals who can utilize their expertise in nuanced areas to support your case and increase your chances of reaching your desired outcome.
  • Knowledge of opposing counsel. Many family law attorneys have interacted in the same court system for years and develop relationships with other lawyers in the field. Our lawyers rely on this knowledge of opposing counsel to make sure that you have the strongest legal strategy possible and increase your chances of reaching your desired results.
  • Skilled at non-litigation options. Family law attorneys can inform clients on several alternatives to litigation, which might be preferable to avoid the stress that going to court can place on relationships. Mediation can be an attractive option because it allows individuals to communicate with one another and reduces expenses. During mediation, a facilitator guides individuals to an amicable agreement. While mediation is not for everyone, many people have used it successfully and found it a preferable option to proceeding to court.
  • Objective planning. Even if you initiate a divorce, you are likely facing many complex and likely overwhelming emotions. The rush of intense emotions can cause many people to make sudden or improperly planned actions, leading to undesirable consequences. By retaining a family law attorney, you can rest assured that you will be given objective advice about which decisions are best to make for the present and the future. An experienced New York family law attorney can also help you avoid any mistakes you would later regret.
  • It might seem counterintuitive, but many people who attempt to navigate family law issues on their own end up paying more in the long run. The most experienced attorneys understand the complexities of family law issues and achieve the desired results for the lowest price possible. Not to mention, our attorneys charge competitive rates.

Speak with an Experienced Family Law Attorney

Family law is full of obstacles, but an experienced attorney can help. Contact Nave Law Firm today to schedule a free case evaluation. A dedicated attorney will remain committed to making sure your family situation resolves in the best possible manner. Contact our law office today by calling 855-349-NAVE (6283).

 
 

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Nave Law wins suit against City of Albany to protect Reverend’s civil rights.

 

As part of Nave Law Firm’s efforts to give back to the communities we practice in, our own Derek Andrews took action after reading a Times Union article about a local woman’s plight against a local government who stonewalled her efforts to obtain body camera recordings of an incident that involved her.

 

In 2019, uniformed members of the Albany Police Department wearing body cameras forcibly removed Reverend Cheryl Hawkins, a street-reach minister in the New York Capital District, from a public park as she preached and sang Christian hymns, for which she had received a special event permit from the City of Albany. That removal violated her constitutionally-guaranteed rights to free expression. As part of a lawsuit, her civil rights attorney requested those body camera recordings from the city through New York’s Freedom of Information Law but was rebuffed, having been told that they were protected and confidential because of Civil Rights Law Section 50-a.

 

Mr. Andrews helped both Ms. Hawkins and her civil rights attorney by filing an Article 78 special proceeding, a type of lawsuit, against the City of Albany and the Albany Police Department, claiming that they violated Ms. Hawkins’ right to free access to body camera recordings of that incident.

 

Although the city produced those recordings before the conclusion of the lawsuit, Judge David Weinstein of the Albany County Supreme Court agreed with Mr. Andrews’ arguments when he issued a decision at the end of 2020 stating that Ms. Hawkins had substantially prevailed and that the city was unreasonable in originally denying her access. That last part meant that the city Times Union Article, which resulted in a five-figure settlement. Ms. Hawkins will now continue her lawsuit against Albany for violating her civil rights.

 

When asked for comment by Reverand Hawkins, she responded:

“Mr. Andrews saw the Times-Union Newspaper Front Page Huge Article (February 17, 2020). He then contacted my attorney and wanted to see how he could help.  He felt that I was facing an injustice.  I was already paying another lawyer big money to represent me, and I could not afford a second law firm.  Derek then spoke with the leadership team with Nave Law Firm, and the team decided to take the case at no cost to me.  

I was so grateful that he believed in me enough to advocate for me and cared enough to help me at no cost.

The best part is that he WON THE CASE; he even won the city’s and the cop’s appeal filed in Albany County after winning the case.”

 

Nave Law Firm is grateful for the opportunity to have assisted Ms. Hawkins in her pursuit of justice.

 

 

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Decriminalizing Possession of Hard Drugs

Oregon seems to be leading the way in the war . . . on the war on drugs while New York falls further behind. In a more sizable margin than either Biden or Trump would secure in this election, nearly 59% of citizens in Oregon voted to decriminalize possession of small amounts of hard drugs like heroin and cocaine.

Their decision also supported greater access to treatment for those who need it, which is paid for by the tax proceeds from marijuana sales. New York took a step in the right direction when they decriminalized possession of marijuana last year, but they remain several steps behind a large swath of the country that has legalized marijuana possession outright, including our next-door neighbors. While legislators and Governor Cuomo are interested in legalization, it’s unlikely to happen in the next year or two. Here’s why the legalization of marijuana, and other drugs, is worthwhile: not only would it ameliorate years of disproportionate effects of criminal drug possession on communities of color but it would give those with addictions greater access to higher-quality treatment. It also wouldn’t hurt to make some money by taxing those “products,” which could prove to be cleaner and safer than those cut with harmful and toxic chemicals. By the way, we certainly don’t mean to imply that it should be legal to drive while impaired by a drug, whether it’s legal or illegal. Please don’t do that.

We’re only suggesting that the war on drugs was misguided and that Oregon, and other states who are following suit, are headed in the right direction. Let’s convince New York to do the same.

https://scoop.upworthy.com/oregon-becomes-first-state-decriminalize-possession-of-hard-drugs

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New York State Driver’s License Issues

After receiving notice that your New York driver’s license has been revoked or suspended, it is easy to feel overwhelmed and uncertain about how to respond. During this difficult time, it is important to remember that you have the opportunity to fight for your driving privileges. An experienced New York driver’s license attorney can support you during this process. It also helps to arm yourself with as much knowledge as possible about suspended and revoked licenses in New York State.

 

Reasons People are Summoned to Hearings in New York

Various factors might lead a person to be summoned to appear before the New York Department of Motor Vehicles for a hearing, but some of the most common reasons include:

 

  • Alcohol-related offenses like drunk driving.
  • Involvement in a deadly accident or an accident that resulted in a serious injury.
  • Refusing to submit to a breath test.
  • The accumulation of too many points on a person’s driver’s license.
  • Traveling at high speed.
  • Medical review.
  • Failure to pay tolls.
  • Driving under the influence of alcohol when under 21.

Suppose your license has been revoked or suspended. In that case, a skilled traffic attorney can help create a plan to get back to driving as soon as possible while also helping you address fines, points,and limiting how the event will impact your motor vehicle insurance moving forward.

 

Restricted/Conditional Licenses in New York

 

Even though license suspension is a common result of many driving-related offenses in New York, drivers are still sometimes able to obtain either conditional or restricted licenses for purposes like commuting to work or school, transporting children to daycare, attending court-required classes, and traveling to medical appointments.

 

One of New York’s driving law’s most confusing areas is the difference between conditional and restricted licenses. The Department of Motor Vehicle issues conditional licenses to qualified drivers whose New York driver’s license was suspended or revoked due to an alcohol or drug-related violation. The Department of Motor Vehicles can also issue a restricted use license to a driver who qualifies and whose license is either suspended or revoked due to violations or incidents that are not alcohol or drug-related.

 

Suppose a person in New York State has had a conditional or restricted license issued within the past five years. In that case, the Department of Motor Vehicles will sometimes issue a restricted license provided the individual’s license was not revoked for alcohol use, criminal violations, or drug use.

 

If a person has not had a conditional or restricted license issued within the last five years, the individual might be eligible to complete an Impaired Driver Program. On successful completion of this program, an individual will receive a “Notice of Completion,” which in some cases will result in a person’s license being automatically restored or a person becomes eligible to apply for a new license. Remember, however, that a person will be dropped from the program and unable to obtain a conditional license if he or she does not attend class, does not satisfactorily participate, or does not pay program fees.

 

Multiple Alcohol or Drug-Related Driving Convictions

If your license is revoked and you have three or more DWI/DWAI-Drugs/DWAI convictions on your license, the DMV may be denying your ability to get relicensed. There are specific rules about your ability to get relicensed when this occurs.

 

If you have three or four alcohol/drug-related convictions, the DMV will likely deny your ability to get relicensed for a minimum of 5 years. If you have a serious driving offense on top of the three or four alcohol-related offenses, the DMV will deny your ability to get relicensed FOR LIFE.

 

If you have five or more alcohol/drug-related convictions, the DMV will deny your ability to get relicensed FOR LIFE.

 

If your license has been revoked because of multiple convictions, a skilled traffic attorney can help create a plan so you can get back.

 

Numerous Suspensions on Your License

If your license is suspended because you failed to answer traffic infractions or pay a fine, you could be charged with a misdemeanor or even a felony the next time you get pulled over.

 

The reason for this is because every time you fail to answer a traffic infraction or fail to pay a fine, the Court will put a SCOFF, or a suspension, on your license.

 

You must speak to an attorney about your license status if you fall into this category. An experienced attorney will know how to handle and take care of the suspensions on your license so that you can drive free and clear.

 

How a New York Driver’s License Attorney can Help

Whether you need counsel at a DMV hearing, it is your first time DWI, you failed to answer a traffic infraction, or you have multiple convictions, an experienced attorney can help you get your license back.

 

Contact an Experienced Driver’s License Attorney

If you are convicted of a driver’s license offense in New York, you can end up facing some serious consequences. One of the best ways to handle these charges is to retain the assistance of an experienced attorney. Contact Nave Law Firm at 855-349-NAVE (6283) today.

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