Brooklyn Family Law Lawyers
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For people dealing with family law issues in Brooklyn, hiring a good law firm is essential. Family law issues can be both legally challenging and personally vexing. Finding a good attorney can help you navigate these waters, providing you with an opportunity to protect your financial, custody or other rights. Good Brooklyn family law lawyers meet with their clients to determine their specific needs. They then come up with a strategic solution to guide those clients through whatever may come. From settlements to custody hearings and everything in-between, it takes a good lawyer to come out of a divorce with a positive outcome.
Handling contested divorces
Contested divorces can be the most difficult kind. In these cases, the parties may have animosity. There may be no easy settlement or solution sitting there waiting to be had. Good family law attorneys know how to fight in these scenarios. The first step is to sit down and explain all of the dynamics leading up to the divorce. If you have a good relationship with your lawyer, then you can trust him to hear the most important information about your marriage and use it to your benefit.
Negotiating for a proper settlement
Good family law attorneys have to know how to navigate the waters outside of court. While some divorces end up in a contentious hearing where the judge makes determinations, it is often possible to handle these things prior to getting into that hearing. A good lawyer can help mediate the divorce, representing your interests and ensuring that you get what you want. You may have to give up something to get a settlement done. The eventual goal, however, is to ensure that you receive the things that are most important to you.
Sorting through child custody issues
Many people going through a divorce are more concerned about their children than the money involved. The court will try to determine what is in the best interests of the child, making a decision on custody according to this standard. In many cases, parents will work out a custody agreement that allows both to have some interaction with the child. However, there may be cases where you feel strongly about a certain arrangement. A good lawyer will help explain the options at your disposal. If necessary, they will go into a hearing and fight for your parental rights. Nothing stings worse than losing out on custody of a child, so winning at this part of the case is critical.
Child support agreements
When a divorce takes place, you may be ordered to pay child support. While most people ordered to pay child support are happy to support their kid, they also want to ensure that the amount is fair and that it’s used for the court’s stated purposes. Good lawyers can make sure that the child support agreement is designed in a way to protect your rights. This might mean fighting on the amount to something that is fairer for you. It may mean placing restrictions on the money to ensure its proper use. Whatever the case may be, it pays to have a lawyer on your side who knows how to fight these issues.
Spousal support and the distribution of property
Whether or not you have an agreement on what happens in the case of divorce, you may find yourself in a fight about money and property. Should you have to compensate your ex-spouse? How much should they get of your community property? Do you have some property that was acquired prior to the divorce that should not be a part of the property calculation? These are critical and complex questions that good lawyers will know to ask. Often times, a good attorney will walk through your financial situation to figure out the best option moving forward.
The best lawyers know that a divorce is a highly personal situation in which the answers may not always be obvious. This is why you will get to guide the legal representation as the client. A good attorney will listen to what you want and provide legal advice that gives you the best chance of achieving that goal. If you have a family law situation in Brooklyn, you should get in touch with a good lawyer who can help you sort through those issues. Doing so can save you a lot of stress and plenty of money.
Family law is one of the most common legal practice areas in brooklyn and other areas in New York. It deals with issues affecting family relationships, such as divorce, spousal support, paternity rights, child custody, adoption, visitation rights and other legal aspects related to family.
divorce is a process where married couple choose to legally separate and end their marriage. Couples may choose to divorce if they no longer find it conducive and productive to live with one another. The most common causes of divorce in Brooklyn include cheating accusations, financial problems, lack of interest, sexual dissatisfaction, imprisonment, abandonment, domestic abuse, weight gain and lack of proper communication. Couples who want to divorce must involve the court to help them legalize their decision and solve any conflicts that might result during the divorce process. The court usually considers a several factors and grants the partners different rights and responsibilities. Some of the key areas considered include child visitation, child custody and property distribution.
Adoption is a common practice in Brooklyn. However, before someone is allowed to adopt in New York, there are certain procedures he must follow. New York allows for two types of adoption. These include agency adoption and private placement. In a private placement, the adopting parents and birth parents come to an agreement without any government intervention. They only need to seek court approval to make the adoption legal. In an agency adoption, the adopting parents have to work with a public or social services agency to monitor the adoption process. The adopting parents are often examined to make sure they have the capacity to offer quality care to the adopted child.
Spousal support is popularly known as alimony. It is basically a financial support given to a spouse who earns a lower income by the other who earns higher. Spousal support agreements can be made during or after a divorce. Child support is a financial responsibly of a non-custodial parent. In this case, the non-custodial parents are required by the court to give a portion of his income towards raising a child. This money is given to the custodial parent.
The New York government has established a Child Support Standards Act to determine the amount a non-custodial parent is required to pay towards child support. The act provides a specific formula used to calculate the basic amount of money required. However, this amount is subject to adjustments based on the factors surrounding the case.
Child Custody and Visitation Rights
Child custody is often a major source of conflict in family law. Many couples fail to agree as to who should take custody of their children. The children can only live with one parent at a time. The parent who takes custody is allowed to make major decisions about the children. The New York courts always consider the child’s best interests before issuing judgement on custody.
In case the court decides to grant one parent sole custody of the children, then there must be a clause that clarifies visitation rights. If the factors surrounding the case include domestic violence, drug addiction or other extreme circumstances, the court may choose to deny visitation rights to the parent responsible. Otherwise, the court will grant visitation rights to a non-custodial parent. The parents are given the right to come up with a visitation schedule. If they fail to agree on a schedule, then the court will formulate a schedule based on what is in the best interest of the child.
Another highly contentious issue in family law is distribution of marital property. The New York state family laws require courts to facilitate equitable distribution of marital property in case couples decide to end their marriage. The court divides the property to ensure each partner gets what it deems fair. The court might consider the each partner’s contributions to the property when making its decision.
New York laws allow for every child to know who their parents are. It is thus important to have paternity in New York. Having a paternity gives you the legal right to perform the responsibilities of a father. These include child custody, child support and the right to make certain decisions about the child.
Family law is very broad and complicated. Get a family lawayer, regardless what kind of problem you have. A lawyer has extensive knowledge of the legal procedures and processes involved in family law. He will guide you accordingly and ensure your rights and interests and protected.
If you like in brooklyn, and face any number of the more common types of legal issues people from all walks of like encounter, you may find yourself in need of a brooklyn family lawyer. A Brooklyn family lawyer potentially deals with an array of different types of cases that are brought in New York Family Court. These include cases involving:
The first step in obtaining the professional services of a Brooklyn family lawyer is scheduling an initial consultation. At an initial consultation, an experienced Brooklyn family lawyer will provide an evaluation of the ins and outs of your particular type of case.
You also will have the opportunity to seek answers to any questions you might have about your legal situation. In most instances, a brooklyn family lawyer does not charge a fee for a preliminary consult from a prospective client.
Thousands of marriages in Brooklyn, and throughout the New York City boroughs, end in divorce each year. Divorce cases range in levels of complexity. In addition, some divorce cases prove to be more contentious than others. Nonetheless, as a general rule, if you are heading to divorce court, you best protect your legal interests by retaining the professional services of a skilled, experienced Brooklyn family lawyer.
At the beginning of a divorce, there is a flurry of activity. This underscores the fact that you are best served by taking a proactive approach to hiring legal counsel, of engaging a Brooklyn family lawyer sooner rather than later.
Even if a divorce case is otherwise not particularly contentious, if children are involved, oftentimes a marriage dissolution proceeding becomes contentious. Decisions made in a divorce case must follow a particular legal standard established by New York law. Decisions made in divorce proceedings regarding children, including child custody, must be undertaken in the best interests of the child. This includes orders from the court and agreements reached by the parties to a divorce case.
The noncustodial parent has the legal right to routine and regular visitation with the child or children born during the marriage. In this day and age, many legal professionals, judges, and courts prefer the term parenting time to visitation. Parenting time is used to underscore the fact that, pursuant to New York law, a noncustodial parent should not be relegated to becoming a mere visitor if the life of his or her child or children.
New York has established guidelines by which child support is determined in a divorce, legal separation, or paternity case. Pursuant to the guidelines, the foundation upon which child support is determined is the income of both parents. Other factors can come into play, including costs associated with daycare or with the special medical needs of a particular child. Deviations are not permitted form the guidelines, unless there exists a significant reason for such an alteration. This particularly is the case when the proposed deviation is designed to reduce the amount of child support otherwise required to be paid in a case.
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.
Family law is an area of legal practice that addresses much more than typical divorce decrees and agreements. While divorce law is what people largely associate with the family law legal field, the truth is that it encompasses multiple legal situations that can arise in any Brooklyn family, ranging from child custody to domestic violence orders. Issues can fall under both civil and criminal law, and they can also be very complicated when emotions fly within the family. Family law issues can impact child welfare as well mental health problems for children who are raised in tension filled homes. The common problem is that many families wait until it is absolutely necessary before confronting legal problems within the group, including a decision for spouses to separate. Divorcing couples have much to consider in many cases, and sorting it all out legally can get confusing when one or more parties involved do not like what is transpiring. The result is that legal help becomes vital for everyone, and especially when problems escalate to personal safety for any family members for any particular reason.
Divorce cases are some of the most contentious legal situations seen in the court system. Divorcing partners are normally already arguing over certain aspects of a divorce, and things can get worse when the division of the family is being implemented by the state. Division of martial and personal property is commonly where many disagreements are based, along with disposition and custody of dependent children, as New York is not a community property state when finalizing divorces. This is particularly true when the divorcing spouses are clearly not equal in terms of personal assets before the marriage. When divorce negotiations get heated, it is vital for both sides in the case to have experienced and diligent representation who will focus on all legal rights of the family members.
Potential Court Rulings
The courts tend to be more concerned for the welfare of children in many divorce cases because the children rarely have their own legal representation. In this case, the court can intervene as the advocate for the most vulnerable in the family, commonly resulting in rulings that neither side want. The respective legal counsels can advise the divorcing parents on what the court may rule based on their personal behavior, especially when the court is evaluating their capacity to reasonably provide for dependents in terms of both financial and emotional support. When domestic violence has been indicated by a spouse or child, courts will also issue protection orders until a divorce is finalized, and often beyond when recurring problems exist.
Custody of dependent children is a serious concern for the courts, and each spouse will be evaluated for stability and personal action during the assessment period between a divorce filing and a final court hearing. Children can be interviewed as well, along with asking them which parent they would prefer. The truth is that contemporary New York courts prefer divorcing parents to develop their own parenting plan when filing for divorce instead of leaving the decision solely in the hands of the state. Parents who act like children are regularly treated like children when issuing a decision on their dependents, and the judge has the power to assign temporary custody of dependents to someone other than either divorcing parent. Your brooklyn family law attorney can explain what to expect from the court and advise on appropriate behavior during the process. Parents who submit a serious feasible parenting plan for the sake of the children is always a positive in a divorce case.
There are often situations when families experience health problems that require one of the family members to take a leave of absence from work. One of the main problems is that employers are not always receptive to this request, including maternity cases where employees need time off for personal health reasons as well as the child. In addition, paid leave can be problematic as well, and having an experienced brooklyn family law lawyer can encourage an employer to comply with the law instead of trying to fight the request, including proper financial payment.
It is always best to have experienced legal representation when facing legal problems that fall in the family law class. Emotions always run high when a family is being impacted, and a solid brooklyn family law lawyer can help explain the potential repercussions and what legal rights anyone may have regarding their predicament. It is unnecessary to be a victim of the system when a comprehensive and objective professional counsel like Spodek Law Group can help guide the family to a final decision that helps everyone.