A Difficult Decision Made Easier: The Right Attorney for Your Divorce Case

Divorce is a challenging journey, one that demands an attorney who is both compassionate and competent. The Law Office of David Zaslavsky, PLLC, is here to make that decision easier for residents in New York City, Queens, Brooklyn, Bronx, and Staten Island.

Assess Your Needs: The First Step to Choosing Your Attorney

Every divorce case is unique. Your chosen attorney should understand your individual circumstances and approach your case with sensitivity. At our firm, we listen before we act, ensuring we thoroughly understand your needs.

Experience Matters: Understanding Family Law

A firm grasp of family law is key to successfully navigating a divorce case. Attorney David Zaslavsky brings a wealth of experience in family law, guiding you through the legal complexities with ease.

Trust and Communication: The Bedrock of a Solid Attorney-Client Relationship

Trust is paramount in any attorney-client relationship, and ours is no exception. We maintain open lines of communication, keeping you informed at every stage of the process.

Services Offered by The Law Office of David Zaslavsky, PLLC

We offer comprehensive legal services, from contested divorces and child custody battles to mediation and alimony arrangements. Visit our website for more information.

The Law Office of David Zaslavsky, PLLC: Why Us?

Choosing our firm means you’re opting for a seasoned attorney with a proven track record. Serving clients in New York City, Queens, Brooklyn, Bronx, and Staten Island, David Zaslavsky offers compassionate, diligent representation throughout your divorce case.

Navigating Your Divorce Case with The Law Office of David Zaslavsky, PLLC

Choosing the right attorney for your divorce case is crucial. The Law Office of David Zaslavsky, PLLC, ensures you don’t navigate this challenging process alone. We strive to make your journey as smooth as possible, providing skilled guidance and unwavering support.

With David Zaslavsky at the helm, clients in New York City, Queens, Brooklyn, Bronx, and Staten Island receive personalized legal representation tailored to their unique circumstances. Our commitment to achieving the best possible outcome for your case sets us apart.

To learn more about how The Law Office of David Zaslavsky, PLLC, can support you in your divorce case, visit our website. Trust us to be your ally during this challenging time.

Earlier today a potential client presented me with this fact pattern. The father of her children had left the state years prior and since leaving had spent very limited time with the children. The mother did go to court for child support and was receiving that support but a custody order had never been established. Recently, the father rolled into town and took one of the children to Arizona, where he resides. This was done without the mother’s consent or consultation. He just did it and now the mother wants her child back. I will talk about this in a later column, but the bottom line is that without a custody order neither parent has any more rights to the children then the other one.

These sorts of interstate custody issues have always been prevalent but since COVID-19 pandemic, these issues have become downright common. Fortunately, this is not a new issue and a competent attorney will know what to do.

So what will that attorney do, you ask? Let me explain.

Every state has some form of family court. These courts are called by many names. In New York they are called the Family Court and every county has one. Other states may call these courts different things but they are all devoted to issues of custody and visitation (among other things but we are not talk about those at this time). Each state also has its own laws that govern issues of custody and visitation. Sometimes those laws are similar but sometimes they are wildly different.

So what happens when two states are involved in a custody case involving one child? Before 1997 the answer was confusion. There were situations where two state courts would issue different custody and visitation rulings involving the same child and sometimes neither court would relent.

Now, the Federal Courts have almost always refused to step into issues involving child custody. But that does not stop Congress who in 1997 adopted the Uniform Child Custody Jurisdiction and Enforcement Act, which is a mouthful so we lawyers just call it the UCCJEA. While this is a federal law and those of you who may not be lawyers but understand civics may be asking yourself just how this applies to the states, all of the states were encouraged by the federal government to adopt this law into their own state codes and all of them did.

Here in New York, the UCCJEA is codified under sections 75 and 76 of the Domestic Relations Law.

So how does the UCCJEA resolve these sorts of issues? Through uniform rules that are adopted by every state.

For the purpose of this article, there are really three rules that you need to know.

First, for a state to have jurisdiction over issues of custody for a particular child that child is supposed to either be born in that state or have resided in that state for six months or more. This is pretty self explanatory.

Second, the state that makes an order regarding the custody of a child first has exclusive continuing jurisdiction over the issues of custody for that child for the life of the order, unless it gives up that jurisdiction. So if New York makes an order regarding custody when a child is young, if the parents want to change that order, that have to come back to New York. Sometimes New York will give up jurisdiction if a child has resided in a different state for a prolonged period of tinw, but you have to go to New York and ask New York to give it up. It is not assumed.

Third, in cases where the life of a child is in danger a state may take temporary emergency jurisdiction, by it cannot keep that jurisdiction exclusively and must return that jurisdiction as soon as it is able. This usually comes up when there are issues of domestic violence against a child or a parent.

So what does a good attorney do for the potential client in the first paragraph? They file a petition for custody in New York and they file a motion to return the child back to New York. The child has been going to school in New York. The child’s doctors are in New York. Everything the child knows is in New York so it’s very likely that the New York judge will order the child back to New York. After that, you serve the order upon the father in Arizona who will hopefully return the child. Make no mistake, this is just the beginning. The parents will then engage in litigation regarding custody, but they will do it in New York because New York is the home state.

The thing that the mother did wrong was she never filed for custody when she filed for child support. If she had a custody order in New York, then the father would have been violating that order when he took the child to Arizona, but because she sat on her laurels, she has to deal with this unfortunate situation.

Until next time…

When trying to divorce someone living in a foreign country, service is always an issue. New York requires personal service of the defendant before any other type of service is authorized. The easiest way to handle the issue is to have that person acknowledge service. The acknowledgement does need to be signed in front of a US notary.

The second way is by having them served. Depending on the country in question, the difficultly of this may vary. If the country in question is a signatory to the Hague Service Convention (an international treaty regarding service of process in civil legal matters), you can follow the rules of that treaty. While New York State requires personal service because the Hague Service Convention is an international treaty, it supersedes state law. If the nation in question is not a member of the Convention, you will need to serve that person in the same way as you would someone who lives in a different state, which means that you would need to serve them personally.

Understanding Postnuptial Agreements

In the realm of matrimonial law, postnuptial agreements hold an invaluable place. These legal contracts, entered into after marriage, outline the distribution of assets and financial responsibilities should the marriage end. Whether you are considering drafting one or you already have a postnuptial agreement in place, The Law Office of David Zaslavsky, PLLC, in New York City, Queens, Brooklyn, Bronx, and Staten Island, is your go-to resource for navigating modification and enforcement.

Modification of Postnuptial Agreements

Life events such as the birth of children, significant changes in income, or changes in marital property may necessitate alterations to your postnuptial agreement. David Zaslavsky has a wealth of experience in family law and can guide you through the complex process of postnuptial agreement modification, ensuring your agreement reflects your current circumstances and future needs.

Enforcement of Postnuptial Agreements

Enforcing a postnuptial agreement can become a complex process in instances of dispute. The Law Office of David Zaslavsky, PLLC, offers legal representation to ensure your rights are protected and that your postnuptial agreement is enforced per its terms.

Why Choose The Law Office of David Zaslavsky, PLLC?

When it comes to modifying and enforcing postnuptial agreements, your choice of legal representation matters. The Law Office of David Zaslavsky, PLLC prioritizes its clients’ needs, providing personalized, comprehensive legal services that aim to protect your future. Visit our website to learn more about how we can assist you.

Rely on David Zaslavsky’s Family Law Knowledge

David Zaslavsky’s extensive knowledge of family law and commitment to his clients make him an invaluable ally for those seeking to modify and enforce postnuptial agreements. His meticulous approach will ensure your agreement serves your best interests.

Securing Your Future with The Law Office of David Zaslavsky, PLLC

Navigating postnuptial agreement modification and enforcement doesn’t have to be a challenging endeavor. With David Zaslavsky’s guidance, you can confidently face these legal processes, knowing that your interests are being thoroughly protected.

The Law Office of David Zaslavsky, PLLC, takes pride in offering comprehensive legal services to New York City, Queens, Brooklyn, Bronx, and Staten Island. Our unwavering dedication is to ensure the financial security and well-being of our clients.

If you need to modify or enforce your postnuptial agreement, visit our website today to learn how we can assist you. At The Law Office of David Zaslavsky, PLLC, we stand ready to provide the legal guidance you need to secure your future.

A Talented Advocate for Child Custody Modification and Enforcement

Child custody disputes can be complex and stressful, particularly when changes need to be made to existing arrangements. The Law Office of David Zaslavsky, PLLC, serving New York City, Queens, Brooklyn, Bronx, and Staten Island, provides professional legal support to those in need of child custody modifications and enforcement.

The Critical Need for a Child Custody Attorney

Why is it important to have a proficient child custody attorney like David Zaslavsky on your side? When the circumstances surrounding your child’s care change, it can be crucial to adjust the custody agreement. David Zaslavsky’s understanding of New York law allows him to provide sound advice and effective representation.

A Navigational Compass: Understanding Child Custody Modification

Modifications to child custody agreements may be necessary due to a variety of circumstances, such as changes in employment, residence, or the child’s needs. David Zaslavsky can assist in pursuing modifications that best suit your child’s interests and your personal situation.

Enforcing Child Custody Orders: The Right Way

It’s not just about changing orders—it’s about enforcing them. When the other parent isn’t adhering to the custody agreement, it can have serious implications. Our firm is equipped to handle such situations, advocating for your rights and the well-being of your child.

The Law Office of David Zaslavsky, PLLC: The Professional Child Custody Lawyer You Need

David Zaslavsky’s commitment to the residents of New York City, Queens, Brooklyn, Bronx, and Staten Island is evident in his persistent advocacy for his clients’ best interests. Visit our website to learn more about the range of child custody services provided.

Why Choose Us?

At The Law Office of David Zaslavsky, PLLC, we understand that child custody matters are sensitive and emotionally charged. We work to ensure that the process of custody modification and enforcement is as seamless as possible for our clients. We stand by our clients, fighting for their rights and their child’s best interests.

Secure your Child’s Future with The Law Office of David Zaslavsky, PLLC

Modifying and enforcing child custody agreements can be a complex process. With the skillful legal support from David Zaslavsky and his team, you can navigate these challenges with confidence.

At The Law Office of David Zaslavsky, PLLC, we prioritize the needs of our clients and their children. We’re here to support you in ensuring your child custody agreement is fair, reasonable, and enforced correctly.

Discover how we can support you during this challenging time—visit our website. Let us be your advocate, ensuring your child’s best interests are fully protected.