Family law is a sensitive field with profound ramifications for everyday lives. From custody arrangements and prenuptial agreements to adoptions and separation agreements, the work of family lawyers has an indelible mark on families.
Experienced family lawyers provide invaluable help for individuals going through separation, divorce or child custody disputes. But why choose them as your expert ally?
Child Custody
Family lawyers provide their clients with guidance through the legal system to meet their objectives, whether that is prenuptial or postnuptial agreements, divorces and separations, child custody arrangements and visitation rights or anything else related.
Custody matters typically revolve around the “best interests of the child” standard and may involve various considerations related to health, welfare and safety of a child. Courts can award sole or joint legal and physical custody arrangements; in the latter scenario both parents are involved in decisions regarding their child’s well-being while one parent typically provides primary placement of said child.
Non-parents such as grandparents, siblings, aunts/uncles, and stepparents may seek custody as well; however, due to laws in each state varying by state; New York does not make this claim any easier.
Child Support
Child support is an obligation that both parents have towards supporting their children financially. When couples separate, one parent may file a petition with Family Court demanding that the non-custodial parent pay child support according to a standard formula.
NCPs may be required to account for how they spend child support funds; failing to do so could constitute contempt of court and result in penalties such as fines or jail time.
NCPs may also be subject to lien procedures which allow CSS to place a hold on property until child support arrearages have been paid in full. Changes in circumstances, such as job loss or an increase in income, could require CSS to modify child support orders accordingly.
Divorce
Family law offers couples who can no longer coexist a way out when it comes to ending their marriages. Divorce cases frequently involve complex financial matters and property division can become contentious when there are significant assets and debts at play between spouses.
Financial concerns also include matters such as alimony. Prior to laws equalizing marital property rights, many alimony arrangements unfairly favored the spouse with higher wages in many arrangements.
Family law encompasses much more than estate planning; it also deals with domestic violence and restraining orders, among other issues. Family lawyers need strong written and oral communication skills in order to work closely with clients on emotionally sensitive issues while finding creative solutions which benefit all involved parties.
Adoption
Adoption is an invaluable gift, yet also has major legal ramifications for future legal matters such as divorce and custody battles. Family lawyers work to achieve optimal results for adoptive families during adoption proceedings.
If biological parents of an adopted child do not agree with its adoption, they can file a termination of parental rights suit in order to stop it. Family lawyers experienced in family law can effectively handle such cases and explain that terminating their rights and moving ahead with adoption are in their child’s best interests; including concepts like res judicata and estoppel; ultimately the rights of the child should always come first.
Domestic Violence
Domestic violence has far-reaching repercussions for families. It can result in serious criminal law issues and affect how families relate to their children, while false accusations of abuse may damage a marriage and lead to divorce proceedings.
Domestic abuse victims can file for an order of protection in Family Court. Under law, defendant/respondents are required to refrain from contact with them and adhere to certain conditions set forth. Restitution payments will also need to be made in some instances.
New York courts use special laws to determine child custody when there has been domestic violence within a household. A judge will carefully consider all aspects of each situation to reach a decision that serves the best interests of each child; often this will involve creating a safety plan.
