How Family Law Helps Families
Family law involves helping families navigate various legal matters, making this an exciting yet demanding field for attorneys who enjoy making arguments to the court and working closely with people.
Beyond divorce, other family law issues include: determining child custody, drafting prenuptial agreements and filing domestic violence restraining orders. Alternative dispute resolution (ADR) has become an increasingly popular means of settling cases without going to court.
Child custody and support
Custody and visitation issues can be one of the most contentious parts of a divorce or separation. When parents separate, it’s wise to attempt to form their own parenting plans that address legal custody (responsibility for important decisions such as medical, educational and religious choices) as well as physical custody (where their child resides each day).
In cases where it’s impossible to reach an agreement regarding child custody arrangements, a mental health professional can assist a judge with selecting an optimal arrangement through what’s known as a custody evaluation.
Most states mandate both parents to provide financial support until their children reach age 18. This financial obligation, known as child support, must continue until age 18. If one parent does not pay his/her share, there are procedures in place to enforce it and the Law Department handles cases where noncustodial parents live outside the area and request enforcement or modifications of an existing support order from another state/country. We can also help file paperwork to request changes to an existing support order if desired.
Restraining orders
Family Court can grant both full and limited orders of protection to protect family or household members from violence and threats of violence. A full order requires no direct contact — including no phone calls, texts or visits — with the person being protected against. Furthermore, this may also include provisions like counseling sessions for anger management programs or substance abuse treatment as well as surrender of firearms.
When someone violates an order of protection, victims can call the police and report it. At Family Court hearings, judges will hold hearings to assess if there was indeed a violation; depending on its severity, they could arrest or charge an individual with criminal contempt which can bring fines and jail sentences. You can file your petition for an order of protection either yourself or with assistance from family law attorney in Manhattan, Brooklyn, Queens or Bronx Family Court.
Estate planning
Estate planning involves outlining how you would like your assets and belongings managed and distributed after death or disability, typically through legal documents like wills and trusts. Estate planning also encompasses designating financial and medical powers of attorney and guardians for children.
Without an estate plan in place, your family could face the costly and time-consuming process of probate to collect and settle your affairs. Federal and state taxes could drastically diminish what your heirs receive; there are steps individuals and married couples can take to minimize these taxes.
Family law attorneys can assist in helping you draft an estate plan that suits your wishes, from designating guardians for your children to setting up health care powers of attorney and updating beneficiary designations on bank accounts, insurance policies and retirement plans. It also involves gathering all documents related to your estate as well as creating an asset and liability list.
Divorce
Family Law attorneys provide expert legal advice and assistance during divorce proceedings, while also being sensitive to the emotional toll it takes on both spouses and their children. Their experienced mediators and negotiators help the parties reach fair settlement agreements outside court while also helping determine how much spousal support a partner may require and for how long.
Family law attorneys can also aid the discovery process by requesting documents and interrogatories from both sides, and helping secure evidence by filing subpoenas with the court. Should negotiations fail, family law lawyers can represent their clients in front of a judge or jury to explain property division, child custody arrangements and support regulations in your jurisdiction; as well as address other concerns such as emancipation for minors.