Family Law

Perhaps no conflict is more difficult than one that involves your children. Whether the dispute is regarding custody and visitation or child support, a Family Court case can place a toll on your family’s life. There are many questions that may arise when facing a family court case. Let our experience and knowledge in Family Law guide you and protect your rights as you deserve.

 

 

 

Custody

How does a court determine custody? What factors are taken into consideration? Can a grandparent or relative actually seek visitation or custody? How can you best protect your rights? These are all questions that will be answered within your first consultation.

 

There are several significant aspects that are considered in a Child Custody case in Family Court:


Physical Custody - With physical custody, the Courts will determine who the children will primarily reside with. In determining this, the Courts can determine whether physical custody should be granted primarily to one parent or split equally with both parents.


Legal Custody - Legal Custody does not involve your parental rights to your child. Instead, legal custody determines whether one or both parents shall make decisions regarding the well-being of the Child in the areas of the children’s education, medical treatment, and general well-being. In considering this, the Courts will closely look at the ability and willingness of the parents to engage in fruitful co-parenting.


Parenting Time (Visitation) - Once the aspects of legal and physical custody are determined, the Courts will determine when the Children will be with each parent. There is no “standard visitation”. All schedules of parenting time are determined with careful consideration of the family unit. The split of parenting time can be equally shared or customized to fit your family’s needs.


Grandparent & Non-Parent Rights - It is possible that individuals that played a significant role in your children’s lives may be entitled to visitation rights with your children. An experienced and knowledgeable attorney is especially required in this area as there are many factors that must be established before rights of visitation are granted.

 

Support

Unlike the majority of states, child support in New York continues until the children are 21 or if the children join the military, or become self-supporting. There are many factors that must be considered in determining child support. These factors, among many, include each parent’s income or income potential, the children’s standard of living, and the medical and educational needs of the children.


It is important to note that any request for an order of child support or modification for an order of child support is only effective from the moment that either parent files for child support.


With so many factors to establish and defend, you need an experienced attorney to advocate for your rights and assist you in resolving any child support disputes.