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An Order of Protection is issued to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including domestic violence situations. Family Courts, Criminal Courts, and Supreme Courts can all issue orders of protection
An Order of Protection in Family Court can be obtained by filing a Family Offense Petition against a family member or intimate partner. An Order of Protection may direct the offending person not to injure, threaten or harass you or your children.
Let us help you file a Family Offense petition (even if there are no criminal charges), to protect you and your family.
A Custody Order gives responsibility for a child's care to one or both of the child's parents or to someone else (like a grandparent). The two parts of custody are legal custody and physical custody. The Court gives custody based on what is best for the child.
At birth, both parents have equal rights to physical and legal custody of the child. Upon a determination of the court, custody can be split various different ways.
A Visitation Order gives a parent or other family member the right to spend time with a child. When one parent has primary custody, the court will let the parent who doesn't have custody have time with the child unless there is a good reason, such as a safety issue, for the parent not to have visitation.
A visitation petition can be filed as a separate case from a custody petition. A child's parents, grandparents, and siblings can ask the court for visitation.
We're here to help with your child custody and visitation needs.
An Order of Guardianship appoints a person to whom the court gives authority to take responsibility for the care of a child.
Almost anyone who has a relationship to the child can petition for guardianship, but an Order of Guardianship will only be granted if it's in the best interest of the child. Examples of someone that may petition for guardianship are an adult relative or family friend.
Guardianship petitions are often filed with both biological parents are unable to care for the child.
We're here to help potential guardians navigate the court system.
Upon filing a Paternity Petition, the court will have a hearing to decide who is the child's biological father. If paternity is established, the court will issue an Order of Filiation, which states who is the child's legal biological father. An Order of Filiation is often necessary in order to petition for Child Support.
In New York, both parents are required tp financially support their child until he or she turns 21 years old. The custodial parent can get child support from the other parent, the non-custodial parent. The custodial parent is the parent who the child lives with most of the time.
We handle all types of family and domestic relations law.
Law Office of Nicole DiGiacomo PLLC
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