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Divorces can be heartbreaking events if there are children involved. If there is a custody tussle, you want a lawyer who guarantees that you keep the kids or at least get a decision that is favorable to you. This calls for the services of the best Queens, NY family court lawyers you can find. With their services backing you, the child custody battle can be favorable to you. However, you also need to know what to expect in a custody hearing so that you are more prepared. By laying out some of the aspects involved in family law, you can have a better chance of having calm nerves.
There are various elements you need to consider with regards to custody hearings. As a parent, your first move may be seeking to get full custody of the child. However, should this fail, or if it is not your first consideration, you may want to still remain involved in their lives. This means that you will go for enhanced visitation rights as well as the say in making important decisions in the lives of the children. If you get full custody, you might also want to get child support from the other parent if he or she is capable. These decisions are mostly reached by the couple after entering into agreements with the assistance of mediators and attorneys. In extreme cases, the courts may be involved if the two parties cannot reach an agreement. It is in your best interests to ensure that the case does not get to be determined by a judge since the outcome can be against you.
If you and the other parent are not married, the law by default awards sole custody to the mother. However, the father can also seek custody if he wants, but in this case it is difficult for him to win if the mother proves to be a good parent. In this case, the father can get some form of custody as well as satisfactory visitation rights. The process of coming into a workable custody solution can depend on either the agreement by the parties or by the decision of the family court. There may be limited and less messy discussions involved in discussing custody for unmarried parents as compared to those that are divorcing. If the case reaches the family court, the judge will make a determination in favor of the parent that is viewed as the primary caretaker. A primary caretaker should be able to demonstrate participating in activities such as bathing and grooming the child, providing meals, making health care appointments, dressing the child, and supporting the involvement in extracurricular activities among others.
There are some instances when the people seeking for custody of the child are not the parents. These may include the relatives such as grandparents and uncles. There are various circumstances that may lead to such an eventuality. Whatever the cause, the court system refers to this process as vying for guardianship rather than custody. The person looking for guardianship is supposed to file a document in the family court outlining his or her relationship with the child as well as the status of the parents. With regards to the latter, the petitioner should declare whether any or both of the parents are alive or not and if they are, whether they are capable of raising the child. The petitioner should also state the reasons for filing for guardianship as well as the ability to support the child.
When making custody decisions, the family courts consider a variety of factors. The have to ensure that the best interests of the child are looked at. Since the courts are at a distance from the intimate family setting, it can be difficult to determine the best interests. In addition, the divorce process can be messy with each side seeking to show that the other parent is unworthy of custody. If the children are of a certain age where they can make decisions, the courts will ask for their opinion. Other factors to be considered include:
• The school and community attachment
• Interaction with extended family members
• The health of both the parents
• The religious and cultural factors
• Stability of the home environment
• The financial status of the parents
• Ability to provide a home for the child
Determining the custody of a child is never an easy undertaking. There are emotions involved which means that the discussions can be heated at times. In this case, you need the support of some of the bets NY family lawyers you can find. This will ensure that you get a decision that you want. Get a lawyer that has experience in handling such divorces since it means they are best placed to offer the services you need. In case you are not married, you still need the services of family lawyers to advise you through the process.
Starting a family is a dream come true for many people. Having a child and creating a happy home life makes life wonderful. While many times people continue to stay married and make work, there are situations where other issues may arise that hard for a couple to stay together. A couple may find they have simply drifted apart and no longer wish to live in the same house. Or, one person in the marriage may have fallen in love with another person and wants to stay with them instead. Under such cases, it is important to work out any arrangements in an amicable manner. Each member of the relationships must consider what is in the best interests of the children they have chosen to create. A breakup is very tough on adults. It’s even tougher on children. Making sure that all progresses smoothly and the children have what they need going forward is an important task. One of the best ways to get past any remaining issues and do what is best for the children of the relationship is with help from Queens family law attorneys. Attorneys can help with many aspects related to children in the aftermath of a divorce including childcare, child support and custody arrangements.
Before It Begins
Before getting a divorce, many states let couples decide on a formal separation. This is a process that enables them to agree to set up separate residences and start the process of dividing up their property. In doing so, each person has the ability to stand up and ask for certain things. They also have the chance to stand up and begin the process of determining issues related to family law. This may include deciding who gets primary custody or if both partners would like to have joint custody. It also includes the process of working with others involved in this area such as a child psychologist or social worker to help determine what is in the best interests of each child. Anyone who is planning a separation should think about the results they want right now. Speaking up can help them make it clear to the other partner what specific custody arrangements are acceptable to them. When both parties are clear about what will happen going forward, this means that both parties can avoid the kind of conflict that may prolong a divorce and can be very hard on children.
Legal advice can help anyone sort out what rights they have when it comes to their children. For example, one partner may have stayed home to care for the kids while the other partner made more money and devoted themselves to a career. Under such circumstances, the income generated by the partner at work is considered joint income. The other party is entitled to have access to it along with enough support for the children. The same is true of any form of child support. Children are entitled to have support from the parents even if that parent no longer lives with the child. If the parent moves to or is planning to move to a different jurisdiction, it’s best to work closely with legal counsel. They can help the parent make sure that all applicable laws are in place as they move. The lawyers can also help with issues such as the exact custody arrangements in place right now. A lawyer can also craft an agreement that addresses any future concerns. This way, if circumstances change, there is room for both parties to negotiate what kind of childcare, child custody and child support are in place.
The Court System
Lawyers can also help with the court system. A lawyer can act as the person’s counsel during any court session. In many cases, at least part of a separation and divorce will be held in a court setting. A judge may question each party as to their intent during the session. The lawyer can make sure the judge is following all necessary rules. They can also argue on the client’s behalf in important ways. For example, if one parent believes the other partner is unfit to have custody, lawyers on both sides can present evidence that bolsters their point of view and makes sure all necessary laws are following during any legal hearing. This is why it is best to have the right kind of legal counsel. Excellent legal counsel can lead to the right results for all parties.
Did you know that there are more than three million divorce cases filed in New York every year? A family lawyer handles matters of that includes but are not limited to child support, custody, division of assets, divorce, and spousal maintenance. With more than 50 years of experience, Spodek Law Group is a leader in the Queen’s area of family law. We have multiple law offices on long island and around NYC. We are passionate about helping people during their difficult times. We know what it takes to win, and we go above and beyond to listen to the needs of our clients.
Help Through The divorce Process
Divorce is a complex and emotional experience, and only the Supreme Court handles these cases in New York. Our well-seasoned attorneys use solution-based approaches to handle your family law matters. Our powerful legal services are professional, cost-effective, and we are compassionate to your needs. During a divorce, you will need help with custody and parenting times, child support and visitation arrangements, property division, and more. Since each case is specific, we tailor our services to meet your needs.
When and if there are assets involved, things can get messy. As business professionals, we look out for our clients’ best interest. Getting divorced can take as little as 90 days or as long as two years. It depends on the situation and the cooperation level of both parties. For a final decree to be granted by the court, some proceedings must occur. First, a petition is filed asking to dissolve the union. Second, the respondent is served by a process server. The defendant has an allotted time to file an answer to the claim.
Once the petition is filed, both parties are required to exchange financial information. The sworn financial statements are a significant part of the process. A status conference is set to discuss the division of assets as well as matters regarding children. The case can be set for a final hearing, or we can return to court time and again to iron out the details. We offer fundamental services that can help to ease your worries and concerns during this difficult time.
Why A Lawyer During Child Custody Is Essential?
Child custody is often the biggest battle of them all. Whether it’s a matter of a divorce or an issue on its own doesn’t make it any easier. The Allocation of Parental Responsibilities is almost always a complicated matter. It’s estimated that 99 percent of all divorces involve a “kid-issue.” The court always defaults to “the best interest of the child.” Given that both parties usually have different opinions on the matter, it can be challenging to settle such a case.
Emotions are high when children are involved, and custody battles are not uncommon in New York. The court examines factors such as has either parent been convicted of child abuse? Has there been any domestic abuse in the relationship? Were social services involved in this case, and if so, what was the outcome? Will the parents be able to put aside their own needs to take care of their child? Finally, will the parties be able to get along for the sake of their child?
In many instances, a Guardian Ad Litem will be called for help. They will go to both homes and make a report to the court about the best home for the child. Our clients find that they need both the legal and emotional support of a knowledgeable attorney during this challenging time. When their child’s well-being is at stake, things can get quite tricky both in and out of the courtroom.
Spodek Law Group Can Help
We offer free consultations to our valued clients. We have someone available 24/7 to help with your needs. Since 1976, we’ve been treating our clients like family. We listen, we care, and we understand.
Family law is a specific area of legal practice that is also known as matrimonial law. This type of legal practice addresses the sensitive family matters that sometimes arise in complex family situations. The most common types of scenarios encountered in family law are marriages and divorces, adoption, surrogacy, and adoption. This broad range of legal matters get more specific with each family law case. It takes a highly skilled and experienced Queens county divorce law firm to handle these types of cases. Due to the highly volatile and emotional nature of family law, you need a legal team that has encountered many types of family law cases and knows how to cooperate with courts and judges to resolve such highly emotional cases.
General Overview of Laws
Of everything covered by family law, divorce is perhaps the most well-known and volatile of all of them. Both parties in a divorce are going to have emotions running high, so they truly need a team of lawyers that knows the ins and outs of family law very well. Caring about clients in this situation is vital to having a successful family law practice. Our team is there to resolve matters, not to make them worse. Dealing respectfully with both sides of the dispute is a must.
Legal issues such as prenuptual agreements will also arise in family law practice. It’s vital that both parties entering into marriage agree to the terms that will apply if the marriage is legally dissolved. These important documents help to ease the emotional trauma that a divorce often brings with it.
Child adoption is another huge area of family law. This is also an emotionally charged portion of the law, with birth parents and adoptive parents often colliding on a scale that can truly impact the course of the child’s life. In this type of case where a child’s life is at stake, it’s vital to have a lawyer that knows this part of family law extremely well and knows how to navigate logically despite whatever emotions or opinions might exist about the case at hand.
Domestic violence is a criminal matter but it is sometimes a part of family law. Depending on the nature of family disputes, a domestic violence incident can overlap into the area of family law where child custody might be at stake. This is but the tip of the iceberg for family law. It touches almost every facet of family life and will typically affect all parties involved for the duration of their life. For this reason, family law is one of the single most important areas in any legal practice. We place a great emphasis on family law and always inspire our clients to reach the best possible outcome for all parties involved, especially where children are concerned. Children are a priority in family law and they definitely should be.
How a Family Law Attorney Can Help
What seems like a simple family matter can quickly spiral out of control when a good lawyer isn’t there to represent clients. In such emotionally charged issues, parties typically throw the law out the window and go with their emotions in matters, without considering the long-term consequences. Lawyers are there to mediate in these sensitive matters and help clients get the best possible outcome for themselves and the people they love.
Even in a divorce, there is a great deal of family love involved there. Lives have been intertwined for years. There is sentiment and love in even the most disagreeable of divorces. It takes a highly skilled lawyer to step into these cases and make sense of the mess. Our New York legal team has a combined 36 years of experience in family law. We know how to work on these complex cases and make them as comfortable as possible for all clients involved. We realize that there are sensitive issues at hand, especially in divorces, and we take great care to ensure that in these matters, our clients are treated fairly and reach their desired outcome.
Divorces especially are a part of good family law. It’s our goal to make sure that our clients are represented fairly and maintain the kind of agreement they want to have out of their divorce. We go to bat for our clients in a way that so few firms are willing to do, caring not just about their financial well-being but also their emotional well-being during this extremely trying time. Anyone who thinks they can handle a divorce on their own should reconsider and seek out our legal services so that they can make sure they don’t miss a single step of this life-altering agreement that they are going to enter into. Child custody, property issues, and matters of alimony and child support are all things we can handle expertly.