Going to Family Court or getting a divorce is conceivably the most painful time of your life. But it doesn’t have to be if you have the top family lawyers in Nassau County protecting you. We help our clients with; child custody, visitation, support matters, adoption, CPS Investigations, and the modification of Family Court Orders of Protection. You’re entitled to the support and legal guidance of the best family lawyers in Nassau County. Why not take advantage of it?
When you end your marriage in Nassau County, the Supreme Court decides which parent gets custody of the minor child or children. If no divorce action is pending in Supreme Court, child custody is decided in Family Court. Custody consists of physical and legal custody. Physical custody means which parent the child or children will live with, or if the child will live with both parents on different days. Legal custody pertains to legal decisions made on behalf of the child such as which school the child will attend, medical decisions, and the like. The court determines which parent will retain custody of the children based on the best interests of the child. Although it’s not a legal requirement to have a lawyer in Family court, you really should consult one before taking any steps on your own. Having one of the best Nassau County family lawyers representing you can make all the difference in the world when it comes to child custody matters.
A Child Protective Hearing is commenced when Child Protective Services (CPS) petitions the court to assist in protecting a child who was allegedly abused or neglected. This proceeding can result in an Order of Protection being issued against a parent, and the removal of children from the home. A Family Court Judge can order your children to be placed in foster care if they deem you are unfit to raise them. The court also has the power to terminate your parental rights.
A Family Court Order of Protection is issued as part of a civil proceeding. It can be issued against a blood relative such as a child or family member living in or away from the home. It can also be issued against a current or former spouse, or someone you have had an intimate relationship with. The Order of Protection’s purpose is to stop violence against the person filing for it. Your lawyer can ask the court to modify an order of protection.
If you are getting divorced in Nassau County and you own a home, a car, stocks and bonds, or maybe a business, dividing these assets in court can be daunting. There are many factors to be considered, such as; who brought which assets into the marriage, and what assets were accrued during the marriage, to name a few. It is the court’s job to determine assets as either separate or marital. A top Nassau County divorce lawyer can help present your case in a favorable light to the court. Save your assets! Call now.
Top Family Lawyers Nassau County: Alimony Basics
Alimony, also referred to as “spousal support”, is court-ordered payments to a spouse as the result of a divorce. Alimony can be awarded while the divorce is still in progress. This is known as “temporary maintenance”. A Supreme Court Judge will decide the amount of alimony to be paid based on several factors, including; income, both present and future, the length of the marriage, and property awarded to either spouse during the course of the divorce, to name a few. It can be paid in a lump sum or payments made over time. There are many other factors a judge considers when ruling on alimony payments. For example, if the alimony will be paid in a lump sum or payments made over time. Suffice it to say, alimony is a complicated matter, especially when it comes to high net worth divorce. As you can imagine, this can easily be one of the most important factors decided on in your divorce. You can not leave it to an inexperienced attorney- you have too much to lose. Go with the top Nassau County divorce lawyers to get your desired outcome.
If you are a parent, you are well aware of the expenses of raising a child. There are medical bills, money for clothes, toys, food, and shelter, not to mention saving for your child’s college. And this doesn’t even include the unforeseen expenses that seem to pop up out of nowhere. As you know, these bills can add up fast. In Nassau County family court, the judge decides which spouse pays how much child support. Child support payments depend on several factors, including which parent has custody of the child, and who is the higher wage earner. In most cases, the parent who does not have custody of the child will be the one paying child support. As you can see, this is a very sensitive and complicated matter best left to a top Nassau County family lawyer. Why not schedule your free consultation in person, by phone, or by zoom? You have everything to gain.
Couples planning on getting married may consider making a prenuptial agreement to protect their assets going into the marriage. This document, also referred to as a premarital agreement, defines the property owned by each of the future spouses and the property rights available to them if the marriage ends in a divorce. This agreement may also be made after the couple gets married. At this time it is referred to as a “postnuptial agreement”. Schedule a FREE Consult with a preeminent Nassau County divorce attorney today to discuss your prenuptial agreement.
If a child under 18 years old is neglected or abused, Child Protective Services will file a petition with the Family Court to have a hearing on the alleged abuse or neglect.
It is always advisable to have a Nassau County Family Lawyer represent you in court because the future of your family depends on it. If you are up against CPS, you need formidable representation. You need an experienced family lawyer to stand up for your rights, every step of the way.
Yes. CPS can remove a child from your home without a court order if they determine that the child is in imminent risk of serious bodily harm. An example of this would be if one of the parents is having a physical altercation with a friend in the house while the child is present.
If CPS makes an unexpected visit to your home, it means they are starting an investigation into your family to determine if any of the children are being abused or neglected. You should call a Top Family Lawyer in Nassau County to discuss this if it happens.
If you do this, CPS will go to Family Court and file a petition with the judge. You can be ordered to go to court and testify. If this happens, contact a top Family Lawyer in Nassau County to “have your back” in court.
Yes, absolutely. They can visit the school, identify themselves, and ask to speak with the child. The school will comply.
Not only “can they”, but they are required to file a complaint. Teachers are what is known as “mandated reporters”. They can actually be charged with a crime if they do not report child abuse
Domestic violence refers to violent acts or threats between individuals who are in any type of intimate relationship. They could be married, living together or just in a relationship. They might have a child together. They could be related. They could be gay, lesbian, heterosexual or a combination of both
Some legal reasons for divorce in NYS. are; domestic violence, abandonment for one or more years, confinement of a spouse in prison for three or more consecutive years following the marriage, and adultery.
In addition, living apart following a written separation agreement signed by the parties for one or more years is grounds for divorce in NYS.
It is pretty challenging to estimate how much a divorce will cost, but it could be anywhere from a few thousand dollars to well over a hundred thousand dollars.
Even though you are under no obligation to do so, it is wise to consult with an attorney- for any reason you may have to set foot inside a courtroom. This is particularly true of high asset divorces. The top rated Divorce Lawyers in Nassau County will counsel you on the matter.
The spouse with more income will usually be ordered to pay the other spouse alimony. In a Contested Divorce, the court will decide the amount.
In New York, assets of a marriage are distributed “equitably.” Equitable distribution means courts try to achieve a fair allocation of property based on a list of factors or guidelines set forth by New York State Law.
The time you must be divorced from your spouse before filing in New York depends on your claim grounds. You must have been apart from your wife for a minimum of a year to get a “no-fault” divorce. The settings for your fault-based divorce will determine the duration of your separation.
After the divorce is final, either party may start using their pre-marriage name once more.
In New York, a marriage can be annulled if:
If your divorce claim is based on the grounds of desertion, you must prove that your spouse left you for at least one year or more. If you depend on the incarceration defense, you must demonstrate that your partner has been in jail for a minimum of three years.
Before filing for divorce based on the grounds of living apart due to a separation agreement between the parties, you must wait at least a year following the execution of the agreement,
The No-Fault statute in New York requires one side to affirm in court that the relationship has been irreconcilable for at least six (6) months.