staten island family court lawyers
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Family court matters in Staten Island can be a little complicated. Whether you want to manage your marriage or retain your assets during a divorce, there are a lot of nuances. Wise individuals typically seek a lawyer in these matters.
Acquiring A Prenuptial Agreement
The idea of a prenup might come with a negative stigma, but Staten Island families are finding that it is an acceptable method of managing their marriage. In fact, there has been a massive increase in prenups over the last couple of decades. It functions as much more than security during a divorce.
For example, many couples use prenups to arrange their finances. The attorney who drafts it for you would include a clause that dictates whether you have joint bank accounts or if your finances are separate. Beyond that, it will allocate specific financial responsibilities to appropriate parties. Some staten island residents even use it as an additional testimony of their last wishes (just in case the will is contested).
In the event of your death, you might prefer that custody of your children from a previous marriage goes to your parents, a relative, or even the other progenitor. On the other hand, a divorce could entail that your spouse would attempt to retain custody of your children from a previous marriage.
Drafting this prenuptial agreement would require an attorney. Sometimes a prenup can come with non-enforceable clauses (pretty much anything that is not monetary). There are also reasons that the entire document could be void, such as if it violates public policy. Your attorney will know how to write it within the confines of the law.
Retaining Your Parental Rights
In the event of a divorce or a bad breakup, the other spouse might attempt to keep your children from you or use them as leverage. A lawyer could take the issue to trial and essentially force the other party to give you visitation. Further, you will also need an attorney if the other party is claiming that you are unfit to be a parent. In that case, your parental rights would actually be terminated.
Thinking Objectively About Family Issues
When it comes to family, there is a lot of emotion involved. This emotion can distort your judgment, causing you to idealize or demonize the other party. An attorney can provide a bit of clarity. Further, she will also be able to make a compelling and emotionally neutral case in front of the judge.
Judges will recognize that there are conflicts that will not necessarily spell the end of a marriage. If that were to happen, you would be wasting your resources and time preparing for trial. A lawyer can provide an informed assessment of whether divorce is truly the best option. Sometimes restoration is possible. She might even advice family counseling.
Settlements That Work For Both Parties
The point of a divorce settlement is to provide care for the children and reasonably accommodate the needs of both parties. They are in place to prevent one party from leaving another with no support and no home. Of course, if there is only an attorney on one side, then you can expect that the settlement will be rather one-sided. Both parties need a competent attorney. Compromises will have to be made, and the lawyers can discuss that.
Terminating Parental Rights
Typically, New York judges are hesitant to terminate parental rights. But there are some cases in which it is necessary for the protection of the child. They would include violence toward children or violence that involved your children. Other examples are abuse, ongoing negligence, and a few others. If you are going to make this case, you will need an attorney.
Defending Your Parental Rights While Incarcerated
An ex could mount a case for termination while you are in prison or a rehabilitation center. It is typically advisable to have an attorney delay the proceeding until you are released. However, if your prison sentence exceeds one year, you will have to talk to your lawyer about how to retain your parental rights.
It might surprise you to learn that the paperwork accompanying a trial is pretty daunting. Further, if you make a mistake, it will not reflect very well on you while you are in court. The judge may even dismiss your claim. Since lawyers have filled out the paperwork to petition the court thousands of times, they are familiar with the process and far less likely to make a mistake.
There could be several reasons for you to consult with a family attorney. Perhaps you want to manage your marriage and aim for success. On the other hand, if you are dealing with divorce or parental rights, that negative situation creates an even greater precedent for contacting an attorney.
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