The Law Office of Chad M. Powers The Law Office of Chad M. Powers 2026-09-24T21:33:43Z https://www.cmpowers.com/feed/atom/ WordPress /wp-content/uploads/sites/1301880/2020/03/cropped-favicon-holder-chad-powers-32x32.jpg On Behalf of The Law Office of Chad M. Powers <![CDATA[Gray divorce: what older couples should know before splitting up]]> https://www.cmpowers.com/?p=47517 2026-09-24T21:33:43Z 2026-09-24T21:33:43Z Divorce can be complicated at any age, but ending a long-term marriage later in life can create some unique financial and legal concerns. When retirement is approaching or is already underway, there may be less time to rebuild savings, replace lost income or recover from major financial decisions. For couples considering a divorce later in life, it’s essential to understand the financial consequences before making any decisions. A divorce can change where you live, how much retirement income you have, what happens to your pension and how you pay for health insurance.

Retirement accounts may be the most valuable assets

New York follows an equitable distribution system. That means that marital property is divided equitably. Several factors are considered when determining how assets will be distributed, including the length of the marriage, both parties’ financial circumstances, age and health and each spouse’s contributions to the marriage, both financial and non-financial. People who have spent decades in the workforce often find that a significant portion of their marital assets are in 401(k)s, pensions and IRAs. A retirement account held in only one spouse’s name doesn’t necessarily mean the other spouse has no claim to the marital portion. Another significant asset is the family home. It’s not unusual for one spouse to want to remain in the home because of emotional ties or familiarity with the community. However, keeping the family home may not make financial sense if the mortgage, taxes, insurance and maintenance consume too much of that spouse’s income.  Health insurance can become a particularly important issue in a gray divorce. If one spouse receives health insurance through an employer, the other spouse may have relied on that coverage for years. That arrangement will likely change with a divorce. It’s essential to understand what health insurance will be available after the divorce and what coverage will cost, especially for someone who is not eligible for Medicare or has substantial medical needs. Divorce later in life affects much more than your marital status. It’s crucial to speak with a legal representative to understand your rights and options. They can review your circumstances, identify issues that may need addressing and help you work toward an agreement that protects your financial interests.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[Men seeking alimony may face gender bias]]> https://www.cmpowers.com/?p=47515 2026-09-16T13:57:48Z 2026-09-16T13:57:48Z Some judges expect more from men seeking alimony Unfortunately, men can still find it more difficult to get – and continue to receive – alimony than women. That’s just one reason why many men don’t seek it even if their soon-to-be ex is in a better financial position than they are. The head of the Association of Matrimonial Lawyers told The New York Times that judges often approve less alimony for shorter durations for men than women. They’re also more likely to require that they become self-supporting sooner and to provide evidence that they’re looking for work or for a higher-paying job that is in line with their earning potential. It’s critical that men who are seeking alimony as they divorce know their rights under the law and how to assert them. That’s especially true if they aren’t able to negotiate an agreement with their spouse and need to ask a judge to order spousal maintenance. That means being able to make a strong case in court. This is just one area of the divorce process wherein having experienced legal guidance can make a significant difference.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[Does a child’s preference influence custody decisions?]]> https://www.cmpowers.com/?p=47514 2026-08-27T14:52:33Z 2026-08-27T14:52:33Z When making child custody decisions during a divorce, it is certainly possible that the child themselves may have a preference. This is sometimes concerning to parents. You may be worried that your child’s preference is to live with your ex, for example, and that this could impede your custody rights and your relationship with the child. In many cases, a child’s preference will not influence the custody decision. For instance, courts often will not even ask the child for their preference unless they are old enough to really understand the divorce case and the request that they are making.  If you have a five-year-old child who keeps saying they want to live with your ex, that is not going to change the child custody order because the court is likely not going to take it into account. They are more likely to listen to requests from a teenager.

The court has no obligation to honor the request

Additionally, always remember that courts will focus on a child’s best interests. Even when they factor in the child’s preference, there is no legal obligation to go along with it. In many cases, for instance, it appears to be in the child’s best interests to spend time with both parents. Maintaining those relationships can help them with their development and growth moving forward. As such, courts are usually hesitant to give sole custody to just one parent unless there is a compelling reason to do so, such as criminal activity, excessive drug or alcohol use or evidence of domestic violence and abuse. If both parents are completely fit and can provide a loving and stable relationship, even if the child prefers spending time with one parent, courts will often still use shared custody. Navigating a custody decision can be complicated, so be sure to take the time to look into all of your legal options.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[What rights does an unmarried father have?]]> https://www.cmpowers.com/?p=47512 2026-08-13T17:51:54Z 2026-08-13T17:51:54Z When a child is born to unmarried parents, the biological father doesn’t automatically have the same legal rights as a married father. Even if everyone agrees on who the father is, legal parentage must be established before the father has enforceable rights. For unmarried fathers, establishing paternity is often the first step toward a legally recognized relationship between them and their child. 

Why establishing paternity matters

When the parents are unmarried, the biological father is not considered the child’s legal father unless paternity has been established through a voluntary acknowledgment or court order. Under New York law, being the biological father and being the legal father aren’t necessarily the same thing. There are typically two ways to establish legal paternity for a child born to unwed parents:
  1. Both parents can sign an Acknowledgment of Parentage (AOP). An AOP can be obtained at the hospital where the child was born, from the registrar of vital statistics or through the NY child support website. However, signing an AOP is an important legal decision. Parents should not sign one if there is any uncertainty about biological parentage.
  2. If the parents can’t or won’t establish parentage voluntarily, a paternity petition can be filed with the court, which will then order DNA testing.
Establishing paternity is about more than determining biological fatherhood. It establishes a legal relationship between a parent and child. Once parentage is established, a father can seek custody and visitation. The child may also gain important legal and financial rights, including the ability to inherit from the legal father. At the same time, legal parentage creates responsibilities. A father may become obligated to provide financial support for his child. For an unmarried father, establishing paternity can be an important first step toward a meaningful and legally protected role in his child’s life. If you are an unmarried father who wants to establish paternity, it is important to understand your legal options before signing any documents. Discuss your situation with a legal professional who can work with you throughout the process.  ]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[Can a parent without legal custody make medical decisions?]]> https://www.cmpowers.com/?p=47511 2026-07-29T17:33:29Z 2026-07-29T17:33:29Z No, a parent who does not hold legal custody rights over their child is typically prevented from making key medical or healthcare decisions on that child’s behalf. For example, during a divorce, the custody order should identify which parent has legal custody rights. With joint legal custody, parents have to work together and make decisions for their child. But if one parent is given sole legal custody and the other is not, then it is only the parent with those custody rights who can make decisions. For example, perhaps a child needs certain shots or immunizations. One parent is in favor of them and the other is not. If the parent without legal custody rights tries to interfere or independently makes a decision, that could be a violation of the custody agreement. Even if they have physical custody rights, so they spend time with the child, they need to defer key decisions about healthcare, religion, education and much more to the parent who does hold legal custody rights.

Are there any exceptions?

One potential exception is if there is an emergency. If a child needs immediate medical care, a parent who is physically with the child can seek that type of care. For instance, say a parent has visitation rights and gets to spend the afternoon independently with the child. They take them to the playground, where the child falls and suffers an apparent traumatic brain injury (TBI). Even though that parent does not have legal custody rights, they can typically seek emergency medical care and prioritize the child’s well-being. They just need to make every effort to inform the other parent as soon as it is possible to do so. Distinctions between legal and physical custody rights are important, and disputes in these areas are common. Those who find themselves in this position must know about all of their legal options.  ]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[5 initial conversations to have as co-parents]]> https://www.cmpowers.com/?p=47510 2026-07-20T20:31:51Z 2026-07-20T20:31:51Z Co-parents usually have numerous, ongoing conversations to handle child-related decisions. After creating a co-parenting plan, you and the other parent should have a few immediate conversations to set the tone for your co-parenting. Every family is unique. So, co-parents do not need to have the same initial conversations. However, it’s vital to discuss some topics, including:

Daily routines

Talk about bedtimes, wake-up times, screen time limits, chores, mealtimes, homework rules, diet and so on. Consider having similar routines in both homes to maintain stability. Using the same routines establishes predictability, which can help your child feel secure, as they won’t have to embrace new ones now and then.

Communication

A conversation about how to communicate when co-parenting can save you from conflicts. Examples of matters to agree on include what to communicate about and topics to avoid, information that should be shared, when to contact each other and the modes of communication to use.

Emergencies

It helps to discuss how you will handle emergencies early in the process, including medical, schedule, safety or behavioral emergencies.  What are your contact options? How soon should a parent be notified? Which are your preferred local urgent care clinics? etc.

Transitions

Agree on when and where transitions will occur. You can choose exact drop-off and pick-up times and neutral transition locations to prevent confusion and anxiety for your child. Doing this can also help prevent misunderstandings between you and the other parent.

Financial responsibilities

Create a list of child-related expenses, including living costs, education, medical care and extracurricular activities. Then, establish systems on how to handle them, such as pro-rata splitting, category division, fixed-percentage contributions or a reimbursement system. Early conversations between co-parents are crucial. Learn more about the topics to discuss to increase the chances of peaceful co-parenting.   ]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[Can you relocate out of state with your child after divorce?]]> https://www.cmpowers.com/?p=47509 2026-07-11T10:44:12Z 2026-07-11T10:44:12Z A new job in another state, a fresh start near family or a lower cost of living can all feel right for you and your child. But when you share custody after a New York divorce, packing up is rarely as simple as signing a lease. Your former spouse still has parenting rights, and the court decides where your child lives. Understanding the legal requirements before making commitments can prevent an avoidable custody dispute.

Start with your custody order

Start with the custody order or divorce agreement you already have. It may include a geographic limit, a notice requirement or both. If your co-parent agrees, you can formalize the proposal in writing and ask the court to approve changing an existing custody order. If your co-parent objects, do not assume that your right to move means your child can go too. Moving the child before obtaining approval could trigger enforcement proceedings and hurt your position in a custody dispute.

Show how the move serves your child

New York does not use a fixed mileage rule that automatically permits relocation. Instead, the parent who wants to relocate must show that the move serves the child's best interests. Judges evaluate each family's circumstances rather than applying a rigid formula. In a recent Suffolk County decision, the court spelled out the factors it considers when a parent asks to take a child out of state.

Address each relocation factor

Courts consider why each parent supports or opposes the move. They also examine the child’s relationship with both parents, the effect on future contact and whether the move would improve the child’s life economically, emotionally and educationally. A judge may consider the child’s preference when age and maturity support a reasoned opinion. A job offer, safer housing or nearby family support may help when the details show a direct benefit to your child. Your proposal should also explain how a new schedule and travel plan would preserve the other parent’s relationship with the child.

Follow the court process before moving

Follow the exact notice terms in your current order. If both parents agree, submit the revised parenting plan for court approval. If not, you will likely file a petition to modify custody and attend a hearing. Until a judge rules, your child generally stays put.

Build a child-focused relocation plan

A strong request turns broad hopes into concrete details. Gather school information, housing plans, job records, child care options and a realistic schedule for weekends, holidays and summers. Document your daily caregiving role and your willingness to support regular contact with the other parent. A court may deny a move even when it would improve one parent’s finances. Before signing a lease or setting a moving date, weigh the expected benefits against the disruption your child may face. That preparation can help you present a plan grounded in your child’s future rather than your own urgency.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[Do spouses need to agree for a New York divorce to proceed?]]> https://www.cmpowers.com/?p=47508 2026-07-09T14:39:12Z 2026-07-09T14:39:12Z Agreement is efficient but not necessary Sometimes, spouses disagree on the terms of a divorce. They can negotiate through their lawyers, attend mediation or prepare documentation to litigate their disagreements. Contested divorces are relatively common, and judges can decide what terms are fair and appropriate based on family circumstances. In fact, spouses do not even need to agree on the necessity of divorcing. Only one spouse needs to want the divorce for the courts to formally dissolve a marital relationship. The spouse seeking divorce must be able to assert that the couple has experienced an irretrievable breakdown of their relationship and that the breakdown has persisted for six months or longer. In fact, the filing spouse can proceed with the divorce even if the responding spouse attempts to avoid service, refuses to respond to legal paperwork and does not attend court hearings. Discussing the divorce process with a family law attorney can help people understand the process before it begins. An attorney can assist with conflict resolution, default paperwork and any other legal procedures necessary to pursue divorce without the full cooperation of a spouse.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[Do unmarried New York fathers have custody rights?]]> https://www.cmpowers.com/?p=47507 2026-06-20T13:27:18Z 2026-06-20T13:27:18Z Formally establishing paternity protects fathers Unmarried fathers do not benefit from a presumption of paternity. However, they can readily establish paternity with just a few simple steps. They can fill out voluntary paperwork with the mothers of their children at the hospital or while their children are still minors. Acknowledgment of Paternity documents allow for the addition of the man's name to the child's birth certificate. In cases where mothers do not want to acknowledge a man's paternity, he may have the option of requesting genetic testing through the courts. Genetic testing can validate the father's relationship with the child and pave the way for his petition for shared custody or visitation. The state supports men who want to establish paternity to play an active role in their children's upbringing by seeking shared custody or visitation, but men may need legal guidance to establish paternity and navigate family court. Working with an attorney familiar with fathers' rights and state statutes can help unmarried men become actively involved fathers with enforceable rights.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[Do you and your spouse have commingled assets?]]> https://www.cmpowers.com/?p=47506 2026-06-14T18:43:31Z 2026-06-14T18:43:31Z divide those marital assets equitably, though this may not always be an equal division. Commingled assets, on the other hand, are those that have been mixed together in some fashion. This often causes them to lose their status as separate assets and become marital assets.

A personal inheritance

One example of a common separate asset is an inheritance that a person receives from their parents. Unless it was given to the couple jointly, it usually starts as a separate asset, meaning a person's spouse cannot claim half of the inheritance during a divorce. However, it could become commingled in various ways. One example is putting it into a shared investment portfolio or a shared bank account. Another example is using the inheritance to buy a marital asset, such as using the money as a down payment on a house. Once the inheritance has been commingled, it then becomes a marital asset and likely has to be divided if the couple gets divorced. So the way that an inheritance is used or stored after it has been received can have a dramatic impact on its status during property division.

Protecting your legal rights

Splitting up property can be complex during a divorce, and you may have concerns about protecting your rights to the property that you own. That is why it is so important to know exactly what legal steps to take.]]>