The Law Office of Chad M. Powers The Law Office of Chad M. Powers 2026-06-20T13:27:18Z 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[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.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[Child custody changes may be needed over the summer]]> https://www.cmpowers.com/?p=47505 2026-05-28T18:08:14Z 2026-05-28T18:08:14Z When it comes to child custody and visitation rights, things often go smoothly for the parents during the school year. But when the children get out for summer break, that is when they may need to make changes to their schedule. The major reason for this is simply that parents’ work schedules may roughly fit with their child’s school schedule during the year, but now they have to consider who is going to watch the children while they are at work during the summer.

Addressing other caregivers

For one thing, parents may just handle custody obligations themselves during the school year, such as picking up the children from school or watching them in the evenings. But over summer break, are other caregivers necessary? Will the children need to go to daycare or have a babysitter? Will grandparents or other extended family members need to watch them? Coparents need to make sure that they fully agree on who is responsible for the children.

Navigating scheduling changes

Additionally, summer may mean that parents themselves have different schedules, such as if they are planning to use vacation time, take a trip with the children and things of this nature. Communication is important at a time like this. Coparents need to talk about how they plan to spend the summer break with their children, and they need to clear any deviations to the normal schedule in advance. A parent should not just take the children on a two-week road trip that will violate the other coparent’s custody rights, for example, without first talking to them about altering the existing schedule. Conflict can sometimes arise over summer break, which can be stressful for coparents. It is important for them to understand all of their legal rights at this time.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[How recent changes to the law affect legal separation in New York]]> https://www.cmpowers.com/?p=47504 2026-05-17T22:14:33Z 2026-05-17T22:14:33Z Couples choose legal separation for a variety of reasons. Sometimes, it’s a precursor to divorce. Others choose it because their religious faith prohibits divorce, their families have strong feelings about divorce or there are practical considerations. Whatever the reasons a couple may be considering legal separation, it’s crucial to know how it works under New York law. That law was modified late in 2025 to make getting a legal separation in the state faster and less complicated, and the changes took effect earlier this year.

Wait time has been cut in half

First, the required period that a couple must have lived apart before they can obtain a legal separation was reduced from one year to six months. A couple must get a “decree or judgment of separation” codifying the beginning of their actual separation. Further, a couple can now obtain a “no-fault” legal separation based on the “irretrievable breakdown” of the marriage. At least one spouse must swear that the “relationship between the spouses has been broken down irretrievably for a period of at least six months.” These changes allow New York couples to obtain a legal separation in half the time previously required. However, as noted, they still need to put the necessary paperwork in place to stipulate that they have indeed not been living together for at least six months due to the breakdown of their relationship. 

Financial and parenting matters must be settled

The change in the law also requires that matters regarding spousal and child support, child custody and visitation and fees related to the separation process “have been resolved by the parties, or determined by the court and incorporated into the action.” By mandating that important issues around financial support and parenting be negotiated as part of the legal separation, the changes to the law help ensure that neither spouse suffers unnecessary financial hardship during the separation and that matters of parenting time and responsibility are settled so that the children’s lives aren’t upended any more than necessary. These agreements can also be used as the basis for divorce agreements if there is eventually a divorce. Anyone who is considering separation – or who believes their spouse is – can benefit by getting sound legal guidance as soon as possible. This can help them protect their rights and be better prepared for the future.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[Divorce in the age of remote: multi-state assets and residency]]> https://www.cmpowers.com/?p=47503 2026-05-06T14:44:44Z 2026-05-06T14:44:44Z Why jurisdiction can become a dispute Jurisdiction refers to a court’s authority to hear a divorce case. It can affect property division, support and custody decisions. Different states follow different laws and procedures. That can lead to disagreements over where one spouse should file for divorce. In some situations, filing first may affect how the case develops. Before a court decides whether it can hear the case, it may review several facts connected to where the family lives and conducts daily life. Those factors often include:
  • Where the spouses currently live
  • How long they lived in a state
  • Where the children primarily reside
  • Where homes or businesses are located
  • Whether one spouse recently relocated
These questions can become especially important in high-asset divorces involving vacation homes, remote work or multiple residences. New York courts may approach certain financial or custody disputes differently than courts in other states, which is why jurisdiction disagreements can quickly become a major part of the case.

Remote work added new financial complications

High-asset divorces often involve financial disputes connected to valuable property or business ownership. Remote work created additional complications when couples began living and working across state lines. Some couples now divide their time between multiple homes or work remotely for companies based outside New York. Divorce disputes may involve vacation properties, stock compensation or disagreements about whether certain assets became part of the marital estate during the marriage.

Relocation disputes may become more common

Remote work also changed parenting arrangements after separation. A parent may want to relocate because they can now work from anywhere. The other parent may object if the move affects parenting time, school schedules or the child’s relationship with both parents. New York courts review relocation requests based on the child’s best interests, including the effect the move may have on the child’s stability and relationship with each parent.

Blurred lines around residency

Remote work gave many families more flexibility in daily life, but it also blurred the lines around residency, parenting arrangements and financial ties between states. As a result, people sometimes underestimate how quickly routine decisions can affect a divorce case. Changing residency documents, relocating before custody discussions or treating a second home like a primary residence may later create disputes involving jurisdiction, support or parenting time.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[How to create a successful parenting plan]]> https://www.cmpowers.com/?p=47502 2026-05-02T02:27:53Z 2026-05-02T02:26:19Z Focus on the child’s best interests Effective parenting plans prioritize what’s best for the child. Consider your child’s age, school schedule and emotional needs. Younger children need more time with both parents, while older children typically do better with a more flexible schedule. Your goal is to create a routine that provides security, stability and healthy development. A detailed schedule is essential. It should outline regular parenting time throughout the week, and also address holidays and school breaks as well as special occasions such as birthdays. Ambiguity often leads to conflict, so the schedule should be as specific as possible. Communication is one of the biggest challenges for co-parents, especially those still hurting from the separation.

Communication and flexibility

Decide how you will communicate, whether it’s through phone calls, text, emails or co-parenting apps. For high-conflict situations, limiting communication to written formats can help reduce misunderstandings. Keeping the conversations focused on your child can help maintain a healthier dynamic. While consistency is key to your parenting plan, there must also be some flexibility. Life rarely goes as planned, and there will be times when work demands, school events, illnesses or unexpected situations throw off your whole schedule. Agree in advance on how you will handle changes and the required notice. Building in this flexibility can prevent minor inconveniences from escalating into major conflicts. Creating a successful parenting plan takes time, effort and collaboration. It’s always smart to have the guidance of a legal professional. The most important thing to remember is that your goal is to ensure that your child feels secure, supported and loved in both homes.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[How can you help your child understand divorce in New York?]]> https://www.cmpowers.com/?p=47501 2026-04-21T14:14:25Z 2026-04-21T14:14:25Z How does honest communication help your child? Though it might feel safer to avoid discussing divorce with your child, leaving them in the dark could do more harm than good. Honesty is often the better approach. When you are open with your child, they may have an easier time adjusting to the changes that divorce typically brings. You may want to sit down with your child in a calm and safe environment and tell them that you and your co-parent will no longer be living together. It could help to explain the situation in simple terms that your child can understand. Reassuring them and letting them know they are still loved could also be helpful. It might help to explain key changes in their daily lives and how the divorce might affect them. It might be best to avoid blaming the other parent and reassure the child that the divorce is not their fault.

What should you tell your child?

During the divorce, your child will likely ask many questions about the future. Your child will want to know where they will live, which school they will go to and how often they may see each parent. In New York, custody and parenting time decisions are based on the child’s best interests. While some families reach an agreement that a court approves, a court order typically makes custody and parenting time enforceable. You can still reassure your child that you plan to remain an active part of their life. It may be beneficial to discuss your child’s living arrangements, holiday schedules and how birthdays will be celebrated. This could help reduce uncertainty and give them a stronger sense of stability during a time full of uncertainty.

Preparing for the future

Though a divorce is generally stressful and uncertain, being honest with your child could help them process it. By encouraging them to ask questions and express their feelings, you and the other parent may have an easier time addressing their fears.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[How long does a contested divorce take on Long Island?]]> https://www.cmpowers.com/?p=47500 2026-04-06T06:56:54Z 2026-04-06T06:56:54Z One of the first questions people ask when facing a divorce in Suffolk or Nassau County is how long the process will take. When both spouses agree on every issue, an uncontested divorce can wrap up in a few months. A contested divorce, where disagreements over custody, support or property remain unresolved, follows a longer and less predictable path. Most contested cases on Long Island take anywhere from one year to 18 months, though complex situations can stretch beyond that.

How the process moves through the courts

A contested divorce in New York follows a structured sequence. After one spouse files and serves the divorce papers, the other has 20 to 30 days to respond. From there, the court assigns a judge and schedules a preliminary conference within 45 days after the case begins. At that conference, the judge sets deadlines for exchanging financial documents, identifies the disputed issues and establishes a discovery schedule. New York court rules set a six-month discovery target for standard cases and up to 12 months for complex ones, though extensions beyond those timelines are common.

What causes delays

Several factors can push a contested divorce well past the one-year mark:
  • High-value assets like businesses, pensions or investment properties require professional appraisals that take time to complete
  • Custody evaluations, where a mental health professional assesses both parents and the children, can add months to the timeline
  • Disputes over financial disclosure slow the process when one spouse fails to produce documents on time
  • Busy court calendars in Suffolk and Nassau counties can push hearing dates back by weeks
Even when both sides want to move quickly, a single unresolved issue can stall progress across the entire case.

What happens at trial

If the spouses cannot settle, the case goes to trial. A typical divorce trial in New York takes three to five court dates. Cases that involve both custody and financial disputes often last six to eight dates. After trial, the judge issues a decision and enters the final judgment of divorce with the county clerk.

Why many cases settle before trial

Despite the length of a contested case, most divorces in New York resolve before trial. The preliminary conference, compliance conferences and pretrial conferences all create opportunities for negotiation. Many couples also turn to mediation during the process. Settling gives both sides more control over the outcome and avoids the cost and unpredictability of leaving the decision to a judge.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[4 custody mistakes fathers should avoid]]> https://www.cmpowers.com/?p=47499 2026-03-31T09:33:33Z 2026-03-31T09:33:33Z 1. Assuming the court will favor the mother Believing the outcome of a custody battle is predetermined can lead to hesitation or a lack of preparation. In reality, both parents have the opportunity to show their ability to provide consistent care. Courts make decisions based on which parent can best support the child’s well-being. Fathers who stay organized, present and prepared are in a stronger position to seek parenting time or legal and physical custody.

2. Failing to demonstrate consistent involvement

Courts examine what each parent actually does every day. Any sign of inconsistent parenting, such as missing school activities or medical appointments, can raise concerns about stability. Keeping thorough records, including calendars, emails, school updates and doctor visits, can help document your constant presence in your child’s life.

3. Letting conflict drive communication

Courts frequently review how parents communicate during disputes. Hostile or dismissive messages may reflect poorly on your ability to co-parent. Keeping exchanges brief, respectful and focused solely on the child can help the court see that you can communicate effectively, even under stressful circumstances.

4. Not taking temporary orders seriously

Temporary custody orders are provisional arrangements established to govern legal and physical custody, visitation and child support while a case is pending. They set expectations early in a dispute. Missing scheduled time or failing to follow court-mandated conditions may affect how the court views your reliability. When issues arise, addressing them through the proper legal process is generally more effective than making unilateral decisions.

How these issues may impact a custody case

These mistakes can raise concerns about a parent’s ability to meet the child’s needs. Over time, they can limit parenting time, affect custody arrangements or reduce a parent’s decision-making authority. As a father, steady involvement and responsible actions can help show your commitment and support a more favorable custody decision.]]> On Behalf of The Law Office of Chad M. Powers <![CDATA[How to serve divorce papers in New York]]> https://www.cmpowers.com/?p=47497 2026-03-26T14:10:41Z 2026-03-30T13:33:49Z Understanding service of process rules Service of process ensures a spouse receives a copy of the initial divorce filings, such as a Summons with Notice or a Summons and Complaint. To maintain legal integrity, the court sets specific criteria for the server:
  • Age: The server must be at least 18 years old
  • Neutrality: The server cannot be a party to the action
These requirements prevent conflicts of interest. While you cannot serve the papers yourself, you may ask a friend, relative or professional process server to handle the delivery according to the state's rules on serving divorce papers. Once you select a server, you must determine which delivery method follows the law.

What are the methods for service?

The most direct method is personal delivery. This requires the server to hand the documents directly to your spouse. If the server fails after several attempts at personal delivery, the law permits other options such as:
  • Substituted service: The server leaves papers with a suitable person at the home or business and then also mails them.
  • Official channels: Some areas allow you to use a local sheriff's department for serving legal papers.
After the server delivers the documents, they must complete a sworn statement called an Affidavit of Service. This document lists the date, time, location and method of service. You then file this affidavit with the court clerk to prove you fulfilled your legal duty to notify your spouse.

Proving service was completed correctly

Submitting proper proof of service establishes the court's jurisdiction over your spouse. The court requires this proof before your divorce can proceed. Errors in the service process or the affidavit can lead to motions to dismiss the case. These mistakes cause delays and may force you to start the process over. Paying close attention to these procedural details protects your rights and ensures a smoother path to resolution in your divorce case.]]>