How Family Law Can Help You
Family Law encompasses all legal matters that pertain to one’s personal relationships with their family members, such as divorce, custody of children and adoption proceedings. Furthermore, this field also encompasses topics like paternity and foster care.
Spousal support is a significant concern in families, requiring a complex calculation that takes numerous factors into consideration.
Divorce
Divorce can be an intricate legal process that involves the division of property, custody of children and spousal support agreements. Therefore, having an experienced family law attorney on your side during this difficult period is paramount to protecting your rights and making informed decisions about the future.
Family lawyers can represent you in court if the need arises, including filing orders of protection in cases of domestic violence and abuse to stop abusive behaviors and ensure your safety. They are also adept at handling matters regarding child neglect that require taking a child away from an abusive caregiver.
Family lawyers also can offer alternative dispute resolution techniques such as mediation. Mediation offers a less costly and more private way of resolving family issues than trial, as both parties meet with an impartial third-party mediator for sessions to share their concerns and work toward finding a mutually satisfactory agreement.
Family law attorneys offer more services than simply divorce and civil separations. They can draft and negotiate prenuptial agreements – legally binding contracts that outline property division and support obligations should a marriage breakdown occur – they also assist with paternity cases that establish father’s rights if the mother hasn’t legally recognized him as her child’s father; in such situations if custody rights have been denied him by her and he could lose visitation rights and medical records access without the presence of legal professionals ensuring all proper paperwork is filed and signed correctly a legal professional would make sure all necessary papers filed and signed properly so preventing this happening –
Child Custody
Child custody disputes can be among the most contentious matters in family law. Mediation or an agreement reached between both parents is typically the best way to reach a satisfactory solution; mediation tends to be less stressful and more cost effective than going to trial. However, if this is not possible the Court can make decisions regarding custody and visitation arrangements; in contested cases a “forensic expert” will often be appointed by the court. Psychologists, psychiatrists or social workers typically conduct interviews and tests of parties, children and others significant to each of their lives in order to assist a judge with making a custody and visitation determination. Depending on financial considerations of both sides involved in the dispute, costs associated with expert opinions may be shared between parties involved.
Courts may grant sole physical custody to one parent or share it between both, making legal advice invaluable in reaching an arrangement that meets both of your children’s best interests. It is crucial that both parties involved hire attorneys who will advocate on their behalf in reaching a solution which meets them both and is best for their children’s wellbeing.
A judge will consider various factors when deciding what is in the best interests of a child, such as any history of abuse from one parent, current lifestyles and living arrangements of both parties, health concerns of each party’s child(ren), schooling conditions of both parties involved, as well as cooperation and communication between both parents. Often this doesn’t give an accurate reflection of what will transpire during any particular case.
It usually only takes a few factors for a judge to conclude that changing primary residence or custody and visitation arrangements of a child is necessary. The party seeking such changes must demonstrate there has been a substantial shift in circumstances since the previous order was issued and that such an amendment is in the child’s best interests.
Adoption
Adoption is a means of building or expanding families. It can provide children with parents they would otherwise lack as well as those suffering neglect, abuse and poverty with parents they otherwise wouldn’t. Adoption also fosters acceptance for others who may differ, particularly in cases of transracial adoptions (where an adoptive family and adoptee may share different races/cultures).
Petitioners for adoption must present to the court an individual or licensed social worker who has completed a home study report. A home study involves conducting an in-depth investigation of social history, finances, moral fitness and mental health for potential adoptive parents – this process will typically be handled by state adoption agencies that will present a recommendation report recommending that they qualify as adoptive parents.
As part of a full adoption, several other legal procedures must also take place, including gathering consent from biological parents, filing a termination of parental rights proceeding if natural parents do not voluntarily surrender their rights or agree with adoption, and giving proper notice of proceedings to all involved in proceedings.
Experienced New York City family attorneys are essential when you are looking to expand your family through adoption. This is especially important if there are already children living in your home that could feel left out as the focus shifts onto an adopted child or children. At Cedeno Law Group, our team is dedicated to making the process as efficient and stress-free for families in need of adoption assistance.
Prenuptial Agreements
Prenuptial agreements (or “prenups”) allow couples to draft legally binding contracts that outline how their assets, debts and responsibilities will be divided during marriage as well as how those things would be distributed if a divorce occurs.
Prenups differ from state law in several ways, including: (a) restricting what property can be considered separate property not subject to division; specifying that one spouse will only receive up to a certain percentage of estate assets and liabilities; requiring each party to disclose assets and liabilities to one another, and outlining how joint bank accounts will be managed; as well as lifestyle clauses addressing drug or alcohol abuse, infidelity and gambling – although their enforceability depends on each state.
Prenuptial agreements provide peace of mind to individuals with children from prior relationships or who have amassed significant wealth during their career. Furthermore, prenups encourage discussions between couples about financial matters in their relationship such as budgeting, savings goals and joint bank accounts; some couples may feel intimidated discussing these topics without an official contract between themselves; however, prenups provide the perfect platform to facilitate dialogue about these topics while increasing empathy between the parties involved.
Couples must consult with a family law attorney when creating a prenup. Judges frequently review these agreements, and can deem them invalid if one party feels their terms are unfair or do not conform to legal standards. It is wise for both parties to have separate attorneys rather than having one representing both. A family law specialist is best equipped to manage complex family legal matters.
ADR
Alternative dispute resolution (ADR) provides an efficient, less stressful, and often faster alternative to court battles. There are various ADR methods such as mediation and arbitration available.
Mediation can be an invaluable way to resolve family law disputes such as divorce and child custody disputes. A neutral mediator listens to all sides and helps facilitate finding an agreeable resolution that meets everyone’s needs – all while remaining discreetly confidential.
Mediation may not always be appropriate in complex financial cases or those involving multiple parties; in these instances it may be better to approach court. Arbitration provides similar solutions but is binding, meaning an arbitrator will make their own decision on behalf of both sides – this method is commonly used during divorce proceedings but less so for property division or child support issues.
No matter your level of experience or where your career stands today, ADR can be a useful addition to your practice. By understanding all available ADR processes and options for each client’s situation, ADR becomes even more invaluable as a resource.
CELJ’s Family Law Help Line is a free service offering assistance with legal matters such as child custody, visitation and support. Consultation services are provided both over the phone or face-to-face at local courthouses near you; eligible callers will be connected with either a LIFT staff attorney or pro bono lawyer and provided with in-depth help for their family court case. For more information click here.