The Trusted Name in Divorce & Family Law Representation

 

for over 25 years

Long island divorce lawyers

serving nassau and

suffolk county since 1987

Where Experienced Representation

delivers PROVEN RESULTS.

check out our divorce law news blog

 

Domestic Violence 

Domestic violence is unfortunately prevalent in many relationships and may include harassment, assault, sexual abuse or neglect.  If you or someone you love has been physically or emotionally abused by their spouse or another relative, you should contact the police and an experienced lawyer who can inform you of your rights.  Our dedicated attorneys will work to obtain an Order of Protection from the court to ensure your physical safety.

Divorce

Divorce proceedings usually involve intense emotions and significant expense. Our dedicated matrimonial attorneys can work with you throughout your divorce to minimize the emotional strain and cost normally associated with these proceedings. We handle complex contested and uncontested divorces.

Family Law

When legal action is necessary to resolve familial matters, it is essential that you entrust your most private matters with a compassionate and knowledgeable family law attorney. Our dedicated attorneys and staff serve as good listeners, confidants and advocates for all of our clients during their most difficult times.

Custody & Visitation

The experienced lawyers at Winkler, Kurtz & Winkler, LLP, are prepared to represent your interests to the fullest, and to secure for you a custody and parenting time arrangement that fit your needs and the needs of your children.

handling  all  family law matters with compassion, privacy, and respect.

Call to Schedule a Consultation.

Long Island Divorce Lawyers

Call to Schedule a Consultation.

Long Island Divorce Lawyers Serving nassau & suffolk Since 1987

LONG ISLAND divorce lawyers serving nassau and suffolk county since 1987

how estate planning can help minimize financial elder abuse- long island estate lawyers

What is Financial Elder Abuse?Financial Elder Abuse is the exploitation of a senior citizen’s finances through deprivation, misusage, or deceit, just to name a few. Misusing Power of Attorney for one’s own personal financial gain is another example. Any unlawful use of an elder’s financial resources for personal gain is considered Financial Elder Abuse.What You Need to KnowSadly, the statistics are mind-boggling. According to figures from the National Council on Aging approximately one in 10 Americans aged 60 and over has experienced some form of elder abuse. The site continues that some estimates range as high as 5 million elders are abused in some form annually. Senior citizens have incurred 36.5 billion dollars per year in financial loss due to financial abuse.Reportedly, scams that target seniors are rapidly increasing. Who are the perpetrators behind most of the financial elder abuse cases? It seems some of the perpetrators are family members while in other cases seniors fall prey to scam artists.The ImpactAccording to The National Center on Elder Abuse, financial exploitation causes an increase in loss for the elder, their families, as well as businesses and government funded programs.Research is also showing that elders with cognitive impairment suffer at a higher rate than those without those disabilities. There is also a financial impact within the legal system due to the cost of investigation and other legal proceedings in connection with Financial Elder Abuse.Decreasing the Risk: Protecting Your AssetsOne of the main purposes of planning your estate is to financially protect yourself and your loved ones. While no one wants to plan for the worst-case scenario, not planning for your financial future can have devastating effects. Creating a living will and assigning a power of attorney to someone you trust are two ways to communicate your wishes clearly and make financial decisions now in order to have clarity later.Appointing someone you trust with your directives can reduce the risk of financial elder abuse. Reviewing your will from time to time or updating it periodically can help to avoid costly issues in the future, as well.The Benefits of Estate Planning: Protecting you and your familySafeguarding your businessDrafting a power of attorney well in advance while you as grantor or agent have mental clarity can provide an extra safety measurePlanning for your own future by addressing health care and financial issues while you are healthy and cognitive prevents crises arising later should you become unable to advocate on your own behalfFor more information on how to safeguard yourself or your loved one, contact one of our highly reputable and knowledge Estate Law attorneys.​

divorce & relocation - long island divorce lawyers

Whether from first-hand experience or through the media, most are familiar with the common areas of divorce such as child support and custody. While working toward managing these difficult issues, divorcing couples may overlook lesser-known issues which can arise in the future. It is beneficial for all parties involved to gain knowledge in these areas before they arise. Relocation of the custodial parent is one of these important areas.Relocation – While in the process of divorce, emotions run high for most typical divorces, and the concept of relocation doesn’t come up because it is not prevalent in the moment. However, sometimes a custodial parent needs to relocate for career purposes. In other instances, the custodial parent feels it is in the best interest of the children for economic and/or educational purposes to relocate. Having this conversation early on can mean the difference between appearing back in court or not.With divorce comes financial change and stress. Whereas two people previously were sharing the financial responsibilities, now each party is responsible for their own finances. Relocating is sometimes the only alternative for a custodial parent and their children to thrive. However, under the laws in New York, one parent cannot simply up and relocate with their children without the consent of the other parent. If the non-custodial parent objects, the custodial parent cannot relocate without the Court’s approval.FactorsIn relocation, the custodial parent must present evidence that the relocation is in the best interest of the child. The court decides what is in the best interests of the child based on what is known as Tropea factors; Tropea v. Tropea, 87 N.Y. 2d 727 (1996)Since there are varying factors, a review of each individual case is necessary; however, the premise is based on the standard of what is in the best interests of the child. There are several factors to consider, but not limited to, in evaluating a custodial parent’s request to relocate:Both the custodial and non-custodial parents reasoning for requesting or opposing of the relocationThe relationship between the child and the custodial and non-custodial parentThe effect of the move on maintaining the quantity and quality of the child’s future relationship with the noncustodial parentThe benefit on the child’s life economically, emotionally, and educationally by relocatingSuitable visitation rights of the non-custodial parentThe impact on extended family relationshipsIf a custodial parent is establishing a new family unit and the Court feels it is in the best interest of the child to relocate, the Court may allow the move. On the other hand, if the Court feels that transferring custody to the non-custodial parent is in the best interest of the child, the Court may rule in favor of a custody change. Again, each case is unique unto itself and it all ultimately comes down to the facts, circumstances, and evidence supporting what is in the best interest of the child.If you are divorcing and relocation is possible in your future or if you want to safeguard your child’s best interests in the future, make sure you get the most current information available to you by contacting one of our highly experienced attorneys. We can help you to ensure your child’s best interests are met. ​

...
...

Copyright Winkler, Kurtz & Winkler, LLP 2016

contact us

 

Send  

Thank You!

The form has been successfully sent.

This field is required.

Invalid Phone

Invalid Email

Call to Schedule a Consultation.

Copyright Winkler Kurtz, LLP 2018

Long Island Web Design by RTI Marketing

Call to Schedule a Consultation.

ATTORNEY ADVERTISING. Prior results do not guarantee future outcomes.