Family law includes all statutes and case precedents that cover paternity, child custody, child and spousal support, marriage and divorce, violence, and other issues that may arise in a family setting. It also covers grandparents’ rights. These cases involve different parties who share a marriage or blood and those in casual arrangements. There could be several contracts that you and your spouse may enter in the course of your marriage. You may enter into a premarital agreement before tying the knot, a postnuptial agreement while married, and a separation agreement to end your relationship. Annulment might be the better option if the marriage is invalid. New York family laws have few grounds for initiating an annulment including cases of an underage spouse, unresolved issues regarding previous marriages, or marriage by force.
Benefits of working with a family court lawyer
You and your spouse will have several options if you decide that the marriage is not working. It is advisable to always retail family court lawyers due to the emotional nature of family cases. The majority of the family related cases in Bronx, NY revolved around the termination of a relationship or marriage, a division of property, and child support. Bronx family court lawyers will help you out to file cases such as alimony, child and spousal support, divorce, visitations, and child custody. They will work with you to ensure that your rights are protected.
You or your spouse may not agree with the state laws on property sometimes. You can involve a family attorney who will draft a prenuptial agreement in such instances. The court will be guided by the agreement when you divorce if you opt for a prenuptial agreement. A skilled family court attorney will also find out about hidden income sources or assets that your spouse own.
Courts often avert cases of emotional and physical abuse by issuing a restraint order. This is according to HG Legal Resource. This is not restricted to spouses and children abuse. It applies to the seniors, roommates, and people in casual relationships. Your first form of contact will be a family attorney who will advise and file a case to avoid further abuse.
Child Custody & Support
A separation or divorce for couples with small children will cover several aspects that include child support, visitation, and custody. An attorney will file a case in court if you are unable to agree with your spouse on any of these issues. The court will then pass judgment on who is supposed to have custody of the children, how much time the children should spend with each spouse, visitation rights, and who will be contributing to children upkeep.
Children custody is one of the most popular cases in family law courts. Partners usually distrust each other in most instances of divorce. They will tend to worry about the safety and overall well-being of the children. A family attorney will argue your case in such circumstances. He or she will ensure that the best interest of the children is respected. New York child custody laws are compliant with Uniform Child Custody Jurisdiction and Enforcement Act. There are two types of custody in New York. These include physical custody and legal custody. Physical custody involves a parent living with the child or children. A common trend among divorced families in New York is one spouse spending time with the children on weekdays while the other spouse stays with them over the weekend. A parent should have legal rights including having an influence on important decisions regarding the child even if he or she is not living with a child.
Modification of orders
Custody and support judgments are subject to change. Family attorneys will work with you in initiating or defending modification cases. An attorney will help in suggesting changes in visitation schedule or revision of child support amount. The modification is imminent if the circumstances of one spouse such as losing a job, income increment, sickness, or abusing children have changed. The courts may instruct the unaffected spouse to pay the legal fees for the other partner under specific circumstances.
Other common issues
Some couples might also have issues with the paternity of a child in addition to child custody related problems. The court will use the DNA test result to determine paternity if a male parent denies paternal relations. Other family related issues include child adoption, abortion, LGBT relations, and termination of parental rights.
Family court lawyers can come in handy in most cases. There are many instances where they will save you the hassle of going through marital challenges. It is important to note that today’s family law is ever evolving. There is no better time to seek the service of a qualified family attorney than now.