Family lawyers handle some of the most delicate, personal legal matters with great sensitivity. These issues involve emotions with far-reaching implications that require great legal expertise as well as extreme empathy.
Scholarship exploring the intersection between criminal law and family law reveals that certain criminal statutes and courts have evolved into family ones; bastardy laws regulating support for “illegitimate” children were once criminal laws but have since evolved into family ones.
Child Custody
Child custody involves who is legally and financially responsible for making decisions about their child following divorce or separation. There are two forms of child custody – physical and legal. When it comes time for courts to make their determination, courts consider various factors which they believe would best serve the best interests of a child before awarding joint custody, sole custody or both forms simultaneously.
Joint physical and legal custody occurs when both parents share decision-making responsibilities for raising their child; it’s also called shared parenting. If one parent is judged unsuitable as guardian or has a history of abuse, however, the court may grant sole custody to an alternative figure such as grandparent.
In cases of child custody disputes, courts often order both parties involved to undergo a forensic evaluation process consisting of interviews, psychological exams and analyses on both parents, their children and other members of their immediate families.
Child Support
WH Law offers expert guidance in family law cases such as divorce, custody and support disputes. These matters often involve high emotions and can become complicated quickly – having an experienced lawyer on your side could make all the difference for its outcome.
Courts may order that one parent pay another an amount to help cover the child’s needs, using both incomes and a formula that takes into account expenses such as childcare, health care and education costs.
Any parent can file a child support petition in Family Court. Both parents are entitled to representation in Court proceedings; however, only the parent who must pay support is guaranteed an attorney if they cannot afford one. If either parent fails to pay what has been ordered of them by the judge, contempt proceedings may ensue and typically end when their child turns 18 (or 19 if still attending school) or becomes legally independent.
Divorce
No matter if you and your spouse have reached agreement on all matters or not, when filing for divorce your lawyer will help create a settlement agreement that includes plans for custody, access, child support payments, spousal support payments and equitable distribution of assets.
If you and your spouse cannot come to an agreement about all aspects of a divorce settlement, a judge will hear the matter and issue automatic restraining orders which prevent either of you from moving children out of state or selling assets such as the family home or car without court approval.
State laws vary when it comes to divorce laws; most allow no-fault divorces on grounds such as irreconcilable differences or domestic violence. If your case is contested, trial may be required – litigation takes time and expense, as filing in your place of residence requires travel expenses for court appearances and may even involve traveling outside your own state for hearings.
Legal Separation
Legal separation allows spouses to live apart for an indefinite period of time while still legally married, yet resolve issues like property division, child custody and support payments without going through divorce proceedings. A court may order couples who go into legal separation to continue sharing bills and financial accounts jointly owned. Furthermore, in some states both can still access each other’s health insurance plans after living apart for some period of time.
As part of your separation or divorce proceedings, it will likely require making important decisions that will have long-term ramifications for you and your life. With help from an experienced family law attorney, it may become easier to make wise legal choices and understand options and work through conflicts effectively in order to achieve optimal results for your situation. Get in touch with Bagner Law now so we can set up an appointment – we serve clients throughout New York City and its surroundings and offer complimentary initial consultations!
