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Divorce is not always easy because there are so many legalities involved in the process. Child custody, property settlements and parental responsibilities are some of the legal issues that come into the picture when getting a divorce. It can be mentally and emotionally taxing and the last thing you want to do is struggle with the process. A divorce lawyer comes in handy during this trying phase of your life. The divorce attorney represents and guides you through the process, making it easier for you to handle. But to enjoy a smooth process, you must find yourself a reliable attorney.

1. Talk to friends and relatives

2. Know what your needs are

3. Do your research

4. Create a budget

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Violations of a child custody order or a visitation agreement can be serious and sometimes frightening because they might involve actions that pose a danger to the well-being of a child. If you feel that your child is involved in such a violation, you have several options both under civil and criminal law. Regardless of whether the remedy is sought under civil or criminal law, the other party is still entitled to notice and a proper hearing.

Civil Remedies

Civil remedies usually involve some form of monetary reimbursement or court order decreeing that the other spouse do something or refrain from doing something. Unlike criminal remedies, civil remedies are aimed at alleviating the wrongdoings rather than punishing the offending person. Some civil remedies for violations of a child custody order are:

  • Contempt of court: The court may hold the violating party in contempt of court if there has been a previous court order involved. Contempt of court typically involves a fine for the violating party, as well as further orders and instructions, such as returning the child to the other parent.
  • Injunctions and Restraining Orders: These are court orders which require the other party to take certain courses of action or to refrain from certain acts. These can include orders to stay a certain distance from a child, or orders not to contact the child. The party seeking an injunction or restraining order must usually be able to prove that other remedies (such as money damages) are insufficient to correct the situation.
  • Monetary damages: In certain cases, one parent may be able to obtain money damages if the violation has resulted in ascertainable (provable) losses to the parent or child.
  • Modification of the child custody/support/visitation order: Sometimes the offending spouse may be in violation simply because the child custody or visitation agreement has no longer become practical. For example, this may be due to a change in employment or a relocation to a different area. In such cases modifying the agreement can be a peaceable way to avoid further conflicts.

Do I need a Lawyer to Enforce the Custody and Visitation Order?

In some instances, hiring a lawyer is not the parent's most immediate concern, especially if the case involves an emergency such as a kidnapping or if the child cannot be located. In such emergencies, one should contact local police enforcement authorities in order to address the situation. However, after the situation has been remedied and the child's safety has been ensured, the person may wish to contact a lawyer to see what additional courses of action they have.

Even in less extreme cases, a parent would still be wise to contact a lawyer regarding violations of a child custody order. When contacting the lawyer, here are some points to consider in conclusion:

  • Determine whether a formal child custody and visitation arrangement has been formally issued for the child and the parents. If none has been issued, it is probably best to obtain one diligently and without delay
  • In the event of an actual violation of the custody order, understand the basic remedies available to you, and how they are different according to civil and criminal law settings
  • If you cannot arrive at a suitable remedy, the court may still be able to assist you using their discretionary powers in order to issue a different decree

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There is a new war brewing and its contenders are Robert Morgenthau and the NYC Mayor Michael Bloomberg. What is this conflict concerning? This battle is about money. The mayor is concerned about seizing control of resources because he is facing numerous budget gaps. Mr. Morgenthau's concern is that all the money other than personnel services has been spent before in the seventies.

Mr. Morgenthau vowed this will never happen again, and he is seeking additional resources of revenue and is personally involved with the budget. Mr. Morgenthau has experienced considerable success within the last thirty-four years in bringing down the rates of violent crime. He has also expanded his role in dealing with economic and white collar crime. His office alone has personally hidden away millions of dollars in undisclosed bank accounts. Mayor Bloomberg feels these millions of dollars should fall under the city's power and not the District Attorney's office.

Mr. Morgenthau states that he understands that the state deserves a share of the pot however, the city back in 1985 when he needed money to go after white collar crimes such as tax evaders, his job was scoffed and his office did not have the resources to fight those certain white collar crimes.

Who will you side with on this issue? Mayor Bloomberg who feels the money from the District Attorney's office belongs to the city of New York or the District Attorney who claims the money is needed to undertake regular and white collar crime? I do not believe we have seen the last of this battle between Mayor Bloomberg and the District Attorney Mr. Morgenthau.


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