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.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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