New York City

Published on: February 27, 2012

Court Issues Order of Protection for Alleged Abusive Parent

by Stephen Bilkis

In November 1998, a review of the documents of the Dominican proceedings confirms that the mother and father separated. At that time, the father consented to the terms of an order of protection, agreeing to refrain from assaulting the mother verbally or physically, and to vacate the family home until the mother was able to find other housing. He agreed to pay child support, and was given regular visitations as long as he behaves appropriately.

A New York Family Lawyer said the mother left the Dominican Republic in December 1999, leaving the children with her mother, and remarried in June 2000. Five weeks later, while the mother was still in the United States, the father filed a claim for child custody. The maternal grandmother, who had physical custody of the children at the time, was named as defendant in the matter.

The subject children are the couple’s twin sons, born in 1997 in the Dominican Republic. It is undisputed that the father obtained a default order of custody there, an order appealed by the mother and affirmed by the Dominican court, a month after she had brought the boys to the United States. In quick succession, the IDV Court—which has jurisdiction over both criminal and family law matters—received a criminal prosecution against the father based on his alleged 2002 threats to kill the mother; a writ of habeas corpus filed by the father seeking enforcement of the Dominican custody order; a petition for custody of the two boys filed by the mother on 2002 and a family offense petition filed the same day by the mother alleging additional acts of violence.

Published on: February 21, 2012

Nassau County Family Custody Lawyer reports disagreement is “Jon and Kate plus 8” reality television stars custody arrangement.

by Stephen Bilkis

Reality television stars Jon and Kate Gosselin have been going through a very public divorce on TLC’s hit how “Jon and Kate plus 8.” While the divorce has not been finalized yet, a temporary custody order has been issued by a family court judge. It has been agreed by both parties, and their Custody Lawyers, the parents will take turns having the children for an entire week straight. During that time, the non-custodial parent will leave the home and have no contact with the children or the home.

According to a New York Custody Lawyer, recently, during one of Jon’s weeks with the children, Kate violated the custody agreement by showing up at the home and demanding to be let in. Her reasoning was that she did not approve of the sitter Jon was using for the children. It was not in the Gosselin’s custody agreement that the custodial parent had to have their babysitters approved by the non custodial parent. When Jon refused to let her into the home, she called the police. The police arrived and told them this is something that will have to be dealt with in a Family Court.

If you are in New York and are having problems arranging a custody agreement, or if one of the parties in your agreement is having a hard time sticking to their schedule, you will need a New York Family Lawyer. The legal team at Stephen Bilkis & Associates has been helping families come to a custody and visitation arrangements for more than a decade. We have offices located in Nassau and Suffolk County, as well as in Manhattan, Brooklyn, Bronx and Queens. We offer a free consultation at 1-800-NYNY-LAW (1-800-696-9529). Call us today to take advantage of this free opportunity and speak to a lawyer about your situation.

Published on: February 21, 2012

Eddie Murphy’s wife filed for Divorce

by Stephen Bilkis

The health and welfare of their five children are the main concerns for Nicole and Eddie Murphy who are splitting up and headed for a divorce.

Eddie has had some strange encounters which made headlines and have caused problems in the marriage. Nicole will be seeking custody of the children and financial aid in the complaint filed by her attorney.

The comedian was halted by police with a hooker in the car but Eddie claimed that he was just giving the passenger a ride and no charges were made.

Published on: February 16, 2012

Court Rules on Order of Protection Case

by Stephen Bilkis

A man from Albania migrated to the United States. He had lived in Brooklyn, New York for a few years when he went back home to Albania on a visit and met the woman who would become his wife. They married in Albania but a few weeks after their wedding, the man left his wife with his parents in Albania to go back to the US. The man visited his wife yearly for a few weeks at a time until their firstborn son was about three years old and he had the boy circumcised. After the circumcision, the boy asked to be taken to the bathroom often. The bathroom was an outhouse in the back corner of the man’s parents’ house. The man told his wife not to give in to his repeated demands but the wife felt that the boy must be in some discomfort so she took him to the bathroom. When she came back in, the man slapped his wife that her head hit the wall.

A New York Criminal Lawyer explained that the pattern of physical abuse began. A few years later, the man was able to secure green cards for his wife, his son and his parents and brothers and brought them all to America. All the time that the wife lived with her husband in the United States, he was controlling her every activity and her every movement. He refused to give her money, refused to allow her to find employment and refused to allow her to leave the house unless accompanied by one of his relatives. He started calling her names and refused to address her by her given name. He even refused her pleas to get pre-natal medical care for the three successive children she had been pregnant with.

According to a Nassau County Family Lawyer, when she was pregnant with their fifth child, the man took his wife and children back to Albania to attend a relative’s wedding but instead of bringing them back with him to the United States, he left his pregnant wife and four children in the care of the man’s parents and brothers. He took the passports of his wife and his children. It was at this time that the man first started accusing his wife of having affairs with other men when they were living in New York. He claimed that the child the wife was carrying was the product of her adulterous relations.

Published on: February 15, 2012

Animal trust bill puts Fido in the Will

by Stephen Bilkis

No one can deny the extreme love that people have for their pets. Companion animals, be they furry, feathered, scaled or finned, bring out the best in the owners who love care for them. Pets bring love, warmth and devotion into our lives,and caring for them is a responsibility that most pet owners are happy to assume, according to a New York Family Lawyer.   

Planning for the care of our pets after we are gone is necessary. Rather than being seen as mere assets that need a place to be stored, a growing trend in estate planning seems to taking place as more pet owners are leaving trust funds to the animals themselves.   These trusts are legally binding, and provide calm reassurance to pet owners that once they are no longer capable of caring for their beloved friend, the animals needs will still be maintained and their lives will still be filled with love and affection. Pet owners can name guardians for their animals in the event of the owners death as well as set aside money that is only to be used in the care and feeding of the animals.   

Reports suggest that these trust funds are not just for the rich and famous. It does not cost a million dollars to keep a dog happy. And while high profile cases, such as Leona Helmsly leaving a veritable fortune to her dog, seem to be more excessively amusing than anything else, real people who love their animals are taking steps every day to make certain that their animals will remain comfortable no matter what befalls their owners.   If you have questions or concerns regarding issues of custody, marriage, divorce or family planning, contact a Stephen Bilkis and Associates today for answers. Not only wwill skilled legal counsel be there for answers and guidance in your time of need, but they will represent your case with responsibility and respect.

Published on: February 15, 2012

New York Family Lawyers Discuss One of the Longest Family Fights in History

by Stephen Bilkis

A New York Family Lawyer knows that when losing a loved one, the pain is tremendous. And, finding out that your family is in financial ruin is even more difficult. That is of course, if your family is actually suffering from poverty after the loss. One family parted ways as the widow and the son of the deceased tricked the two girls in the family into believing that their father was deeply in debt when he died.

The man’s widow was to receive one-third of the man’s estate and the rest was to be split equally between his son and two daughters. The son and the widow hid the fact that there was a will and insisted that the property the man owned would need to be sold. The young man finished law school but never joined the bar and basically built up a real estate business for himself.

The girls who found the will in a Bronx courthouse, promptly drove to their brothers home in Long Island. The sisters confronted their brother who eventually called the police to escort the sisters out. The case has remained in a Family Court since that time. Seven years later, a judge in a Bronx court ruled that the statue of limitations had expired. After an appeal, the decisions was reversed setting the stage for a second trial.

Published on: February 14, 2012

Rihanna Saga Continues

by Stephen Bilkis

A New York Family Lawyer reported last week that Chris Brown’s court order to stay away from ex-girlfriend Rihanna has been lifted.

Chris Brown still reportedly is prohibited from harassing Rihanna after being sentenced to five years of community service and probation. The R & B star was also sentenced to complete twelve months of domestic violence courses after he plead guilty to violently attacking and assaulting Rihanna.

Rihanna and Chris Brown were in a serious relationship when Chris Brown became abusive with Rihanna. Brown reportedly physically and mentally abused her several times before the singer pressed charges against him. Rihanna’s attorney was ok with the downgrade to the protection order.

Published on: February 14, 2012

Doodling On Your Desk Calls for Legal Intervention

by Stephen Bilkis

One little girl, doodling on her desk as many children are, found herself in a heap of trouble. She was a good student, rarely absent and was merely leaving her mark with an erasable marker on her desk. Apparently she was waiting on the teacher to hand out an assignment and boredom led her to leave a message on her desk. She figured she would be forced to clean up the marking on her desk but never dreamed she was going to find herself in jail for such a minor offense.

Arresting youngsters for minor infractions seems to be the norm in Queens as another 13-year-old was arrested for writing “Okay” on her desk. And, a 5-year-old was sent to a psych ward after throwing a temper tantrum, as five-year-olds seem to do on occasion. And now the various schools will answer to a court. The girl doodling while waiting on an assignment has been throwing up and is obviously distressed by the situation. She is still suspended from school and was given eight hours of community service, a book report and an essay on what she learned from the experience, according to a New York Family Lawyer.

This is one situation in a series of small infractions where children are being forced into realization in what seems like a bit of over-kill. And, her family will most likely seek counsel from a family lawyer or one specializing in cases where someone has suffered from what is seemingly an extremely minor and senseless use of the legal system.

Published on: February 13, 2012

Wrongful Arrest Suit Gets $1.8 Million Settlement

by Stephen Bilkis

A man who was wrongly accused of rape in 2008 is finally seeing justice being served. The initial case said the man raped his autistic daughter, who also happens to be mute and low-functioning, and the mother did nothing. The case was brought out when a teacher aide helped the girl type, even though she cannot speak or function above a two-year old level, said a New York Family Lawyer.

There was a physical examination, which showed there was no evidence of abuse. However, the man sat in jail for 80 days and his wife, the mother of the child, was also facing charges of abuse from the statement the teacher aide typed, according to a New York Custody Lawyer. The teacher aide has not faced any charges and was not named in the lawsuit against the township that handled the arrest. More lawsuits may be pending in the civil courts.

The case was dropped in March of 2008 because there was a lack of any evidence to prosecute the father or the mother involved. They had to go through a process and have their children removed from Foster Care. They also had lawyer expenses and court costs to cover. The $1.8 million dollar settlement will cover some of those expenses. Even though the family won the case, the township police department where they live maintains they did nothing wrong. They were simply following procedure from the report of an abused child.

Published on: February 11, 2012

Seeking advice from family planning lawyers is essential in understanding where you stand in your state’s federal estate tax laws

by Stephen Bilkis

Many people tend to overlook the likelihood of being hit with certain taxes because they aren’t considered “rich.” But according to a New York Family Lawyer, many upper middle-class families could be hit with an unplanned tax rate as high as 35%.

Currently the law provides an exemption for estate taxes of up to $5 million for those who die in 2011 and 2012. What many families are unaware of is that this amount can easily be exceeded when you take life insurance coverage, a valuable home, healthy retirement balances and other assets into account.

“Don’t forget to count any private business ownership interests such as shares in a family corporation or partnership,” explained a New York Custody Lawyer.