Family law matters are among the most emotional and disputed in New York City and the rest of the state of New York. Issues such as divorce, child custody, child support and orders of protection are highly personal and intense matters that affect people in a number of ways. If you are going through any type of family matter that requires going to the family court, you should speak with an experienced family law attorney who can help you through every step of your case.
Generally speaking, there are two courts that have the jurisdiction to hear family law cases. They are the New York Family Court and the Supreme Court, Matrimonial Part. While only the Supreme Court can hear divorce cases, both can hear all types of family cases.
Specialties of New York Family Law Attorneys
Family law attorneys, whether in the New York City area or anywhere else in the United States, specialize in a number of areas. Getting a better understanding of the laws and the court system can help you to know what course of action to take if you are in a situation that calls for a lawyer. This can protect you and your family and your rights.
There are several areas of family law that are the most common in both the Family and Supreme Courts. Family Court hears a number of cases of people who are blood-related, have an intimate relationship or share a child. Matters relating to children are among the most common cases heard in the family court. However, a family law attorney’s specialties are numerous. The following include areas of specialty for these lawyers:
• Paternity: One of the most crucial matters involving family law is paternity. This involves establishing whether a man who believes to be the father of a child is actually the biological father. Determining paternity can be done in a variety of ways, however, such as through DNA testing, the child’s birth certificate and other documentation or a man raising the child as his own.
• Child custody: When determining child custody matters, the New York Family Court always first and foremost considers what is in the best interests of the child. After paternity is established and the matters of child custody and visitation, child support can be determined. New York City family law attorneys concentrate primarily on child custody to determine which parent is the custodial one who will also receive child support. As per the law, there are three types of custody of a child: full custody, joint custody and residential custody. Full custody gives the parent the right to make all decisions for the child. That parent doesn’t need consent from the other parent but should inform them of any major issues or decisions regarding the child. Joint custody means both parents share equal custody of the child and are equals in terms of decisions made for the child. Residential custody means one parent has the legal right to have the child with them.
• Child visitation: Child visitation is a common matter in the area of family law as well. The family court will determine child visitation for the non-custodial parent. That parent may be entitled to receiving visitation with the child on every other weekend, holidays and for four weeks of vacation. Overall, many family court judges tend to be highly flexible with regard to child visitation. This is generally due to the court believing that having both parents in the child’s life is more beneficial for the child.
• Divorce: Family law also involves the situation of divorce. When a couple has decided they no longer want to save their marriage, divorce might be the only option left. A New York City family law attorney would advise you that divorces must be heard in the Supreme Court. Each county has its own part to hear a divorce case. These are known as Matrimonial Parts of Supreme Court. It’s helpful to know that New York does not have common law marriage. New York is a state that recognizes grounds for divorce. This means that a person may have a legal excuse to end the marriage through certain grounds. Grounds can include issues like cruel and unusual treatment, abandonment and infidelity. If the marriage produced children, there will also be issues of paternity, child custody, child visitation and child support taken into consideration as well. Divorce lawyers focus on three areas when handling a divorce case: Maintenance, also known as spousal support, equitable distribution regarding the division of property in a way that is fair and just, and occupancy of the home.
If you are going through a divorce or any other type of family law matter, it’s important to speak with a skilled New York City family law attorney immediately.
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