staten island family court lawyers
Family court matters in Staten Island can be a little complicated. Whether you want to manage your marriage or retain your assets during a divorce, there are a lot of nuances. Wise individuals typically seek a lawyer in these matters.
Acquiring A Prenuptial Agreement
The idea of a prenup might come with a negative stigma, but Staten Island families are finding that it is an acceptable method of managing their marriage. In fact, there has been a massive increase in prenups over the last couple of decades. It functions as much more than security during a divorce.
For example, many couples use prenups to arrange their finances. The attorney who drafts it for you would include a clause that dictates whether you have joint bank accounts or if your finances are separate. Beyond that, it will allocate specific financial responsibilities to appropriate parties. Some staten island residents even use it as an additional testimony of their last wishes (just in case the will is contested).
In the event of your death, you might prefer that custody of your children from a previous marriage goes to your parents, a relative, or even the other progenitor. On the other hand, a divorce could entail that your spouse would attempt to retain custody of your children from a previous marriage.
Drafting this prenuptial agreement would require an attorney. Sometimes a prenup can come with non-enforceable clauses (pretty much anything that is not monetary). There are also reasons that the entire document could be void, such as if it violates public policy. Your attorney will know how to write it within the confines of the law.
Retaining Your Parental Rights
In the event of a divorce or a bad breakup, the other spouse might attempt to keep your children from you or use them as leverage. A lawyer could take the issue to trial and essentially force the other party to give you visitation. Further, you will also need an attorney if the other party is claiming that you are unfit to be a parent. In that case, your parental rights would actually be terminated.
Thinking Objectively About Family Issues
When it comes to family, there is a lot of emotion involved. This emotion can distort your judgment, causing you to idealize or demonize the other party. An attorney can provide a bit of clarity. Further, she will also be able to make a compelling and emotionally neutral case in front of the judge.
Resolving Conflict
Judges will recognize that there are conflicts that will not necessarily spell the end of a marriage. If that were to happen, you would be wasting your resources and time preparing for trial. A lawyer can provide an informed assessment of whether divorce is truly the best option. Sometimes restoration is possible. She might even advice family counseling.
Settlements That Work For Both Parties
The point of a divorce settlement is to provide care for the children and reasonably accommodate the needs of both parties. They are in place to prevent one party from leaving another with no support and no home. Of course, if there is only an attorney on one side, then you can expect that the settlement will be rather one-sided. Both parties need a competent attorney. Compromises will have to be made, and the lawyers can discuss that.
Terminating Parental Rights
Typically, New York judges are hesitant to terminate parental rights. But there are some cases in which it is necessary for the protection of the child. They would include violence toward children or violence that involved your children. Other examples are abuse, ongoing negligence, and a few others. If you are going to make this case, you will need an attorney.
Defending Your Parental Rights While Incarcerated
An ex could mount a case for termination while you are in prison or a rehabilitation center. It is typically advisable to have an attorney delay the proceeding until you are released. However, if your prison sentence exceeds one year, you will have to talk to your lawyer about how to retain your parental rights.
The Paperwork
It might surprise you to learn that the paperwork accompanying a trial is pretty daunting. Further, if you make a mistake, it will not reflect very well on you while you are in court. The judge may even dismiss your claim. Since lawyers have filled out the paperwork to petition the court thousands of times, they are familiar with the process and far less likely to make a mistake.
There could be several reasons for you to consult with a family attorney. Perhaps you want to manage your marriage and aim for success. On the other hand, if you are dealing with divorce or parental rights, that negative situation creates an even greater precedent for contacting an attorney.
Deciding to break up a union or solving critical issues that touch on the relationship is usually difficult once you have decided to share your life with someone else. It involves entering into several contracts at different stages of marriage sometimes. It is vital to involve a qualified family law lawyer to help you navigate the challenges that come with marriages. Staten Island family lawyers will come in handy in several settings. They can help in cases related to child custody, divorce, domestic violence, adoption, LGBT partners, spousal and child support, property division, and visitation.
Divorce and Separation
Marriage is assumed to be a permanent union. This is not always practical. One or both spouses may decide to end the union in some cases. The process is always emotional. A qualified family law attorney can ensure that everything is conducted within the law if you have one. The situation becomes complicated if the process involves children or property. Our family law lawyers help in ensuring that children’s rights are protected while also ensuring that each partner meets his or her obligations. Most family cases in Staten Island involve child support and custody. Having a family lawyer will help in drafting agreements such as separation agreements, file cases, and advise on the best options to resolve a family problem. Marriage related disputes are better solved outside courts sometimes. The collaborative family law will provide the direction of how the situation should be amicably solved in such instances. Our qualified lawyers will diligently lead the negotiation process until a favorable position is reached.
Domestic Violence
Family related challenges go beyond child support and property sharing. A family member can abuse the children, a senior, or a partner sometimes. Domestic violence cases can be dangerous if one has no legal mechanism to prevent the situation. The best way for affected family members to seek help is to file a case in court. The courts will issue a restraint order. An attorney ensures that the order is respected in such circumstance.
Parenting and Child Support
It is usually difficult to agree on who should remain with the children when parents decide to live separately. This is attributed to lack of trust among partners. They often seek an arbiter to help in resolving the issues including who should be the custodian of the children, how many times the other spouse should visit the children, and how much each partner is contributing towards child support. This problem can be sorted out by couples themselves without involving outside parties, but it is not always the approach. The other partner has no legal way of making the other parent to respect the agreement if one spouse fails to meet his or her obligations. A Staten Island family law attorney should be at the inception of separation or divorce to draft agreements and how children will be supported. The family attorney can file a case for breach of contract if one partner stops his or her contributions.
It is important to note that circumstances changes after parties have signed an agreement. It could be for better or worse. New York family law allows for modification of court orders. One partner can seek a modification to be given custody if the other partner becomes abusive or neglects the children. The court will always rule in the best interest of the children. A spouse can seek a modification of the child or spousal support provisions if he or she loses a job. The affected party will institute a modification through the family attorney in any of the above instances. Child custody jurisdiction laws are almost uniform in all states.
Property Sharing
One of the most contested issues in marriage is property division. No one is willing to surrender the resources they have. Problems may arise when the marriage ends if you do not have any form of legal agreement in place. Certain state laws govern the sharing of property. Partners can decide to have proper property division agreement. A family attorney will help in drafting a legally binding prenuptial agreement. The attorney states the percentage that each partner should own after the divorce.
When to contact Family Law Lawyers
There are countless challenges that need to be resolved carefully in the course of one’s marriage. Some problems could be avoided if couples have skilled family law attorneys to advise them on some difficult situations. It is important to note that you can involve your lawyers even when it is too late to solve the problem. It is best to involve family law lawyers as early as you can in order for you to be on the safe side. New York’s family laws are constantly updated. It is better to have a reliable partner who will offer timely advice than relying on assumptions.
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