Divorce and Family Lawyer Nassau County

Family Lawyer Nassau County

Family Lawyer Nassau County: What kind of cases do they handle?

Your top family lawyer in Nassau County handles the following types of cases: 

  • Abused or Neglected Children
  • Adoption
  • Custody and Visitation
  • Domestic Violence / Family Offense
  • Foster Care
  • PINS / Juvenile Delinquency
  • Paternity
  • Child Support

Family Lawyer Nassau County: Child Protective Proceeding

If it is reported that a child under 18 years of age, also referred to as a “minor”, is alleged to have been abused or neglected, Child Protective Services will open an investigation. If they find any substance to the claim, they will file a petition with the family court to start a proceeding. A child protective proceeding in family court can include any one of the following; court conferences, a hearing, court ordered services such as counseling, scheduling supervised visits, determining custody, orders of protection, to name a few.   

Why Is Child Protective Services Knocking on My Door?

The way it works is someone calls in a complaint to the child abuse hotline, also called the State Central Register. The complaint is forwarded to the local DSS office where it is assigned to a Child Protective Services (CPS) investigator. That investigator will interview the source of the complaint to find out the details and if the child might be in any immediate danger. If the child is not in immediate danger, the investigator will subsequently interview all members of the household to determine if there is abuse or neglect. The CPS investigator will also interview teachers at the child’s school in some cases. If the investigator determines there is the likelihood that child abuse or neglect has occurred, CPS will commence a court case.   

Family Lawyer Nassau County: What is “PINS”?

PINS stands for “persons in need of supervision”. It refers to minor children who are considered out of control or delinquent, and can be used as a resource to help the parents of such children. A PINS Petition may be filed in Family Court if a child is constantly cutting school, getting into fights, shop-lifting or other such minor offenses. The court will decide what the consequences are for the child based on recommendations from CPS and the Dept. of Probation. A PINS Petition can result in a child being removed from the home and placed in a secure detention facility or group home. 

What is Termination of Parental Rights?

Termination of parental rights, often referred to by the courts as “TPR”, is a special proceeding that goes on in family court which permanently ends the rights or a parent to their child. This can free up the child for adoption. A TPR is used as a last resort by the courts when it is determined that a parent is totally unfit to continue raising their child. Termination of Parental rights means the biological parent/parents no longer have any legal say in the care of the child. Termination of Parental rights means the biological parent/parents no longer have any legal say in the care or upbringing of the child.

Child Custody

Child custody refers to the parental rights and responsibilities regarding their children following a divorce, legal separation, or paternity judgment. There are two distinct forms of custody.

Physical custody is the period each parent can spend physically with a child. This could be sole custody, primary custody, or joint custody.

Legal custody refers to a parent's authority over a child's health, education, and well-being. It may also be sole, primary, or shared custody. ...Typically, the court appoints one parent as the primary physical custodian and gives the other parent a temporary custody and visitation schedule. In certain instances, however, the court may order joint legal and physical custody, granting both parents substantial access to their children. The court's ruling in a specific case is influenced by several factors, including the child's desires, each parent's historical nurturing role, and the future circumstances of the parties.

Custody Lawyers

Our child custody attorneys believe that father-child relationships are equally as crucial as mother-child relationships and that gender-based discrimination in family court is unconscionable. Representing a father in a custody dispute is a difficult task that requires an advocate for the father's rights.

In a system that appears to be biased against them, men can only hope to succeed by utilizing all available legal and strategic assistance. Our Divorce Lawyer has built its practice on assisting men in achieving this objective. Our child custody attorney can assist you with your custody matter.

Types of Child Custody

The objective of child custody is the most challenging aspect of the divorce procedure: primary custody, 50/50 custody, or short-term custody. In essence, you have three choices.

In most cases, a child resides mainly with one parent at a single residence while spending time with the other parent daily. Courts personally consider parents to have "custody" of their children. There are two types of custody: legal and physical, subdivided into sole physical and joint physical custody.

Legal custody is a parent's legal obligation and right to make decisions regarding a slight child's health and education. Most of the time, both parents have legal custody unless there is a good reason not to. Even if a parent is denied physical custody, they will frequently retain legal custody.

Physical Custodyis often the most contentious, debatable, and contested aspect of a divorce. A parent's time with the children is frequently limited by the judgment of where the children will reside. The custodial parent is likely to receive child support. This is true even in cases of shared custody.

Factors Determining Outcome of Custody

Suppose you have been involved in a custody case or are planning to start one. In that case, you might have heard the phrase "Child's best interest" The child's best interests control parenting time and visitation decisions in almost every child custody law.

This standard is defined differently by state statutes and case law, but most states share a standard set of common-sense aspects and themes. The list of these aspects is comprised of four classes: 1. The historical perspective examines each parent's role in raising the child from birth. 2. The perspective view considers the parents' situations going forward. 3. Status concerns the personality or behavioral traits of each party and the child's preference. 4. Based on the child's preferences

Custody Strategies

The best advice for a father preparing for a custody battle is to become as involved as possible in his child's life and document everything. Throughout the divorce proceedings, keep in mind that the court will assess your behavior holistically, taking not only the case's details but also your mannerisms into account. Be aware of your behavior throughout the proceedings, as irrational and aggressive behavior can have a profoundly negative impact on your case. Our child custody attorney can mentor you throughout this process.

Schedule a Consultation

The seasoned divorce attorneys at divorcelawyersnassaucounty provide fathers with intelligent and aggressive divorce representation. We are a community of skilled legal professionals prioritizing personal development and success in all aspects of life. Together, we guarantee the same level of expression for our clients that we would expect for ourselves.

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This is a particularly difficult time to navigate your life due to the inordinate amount of stress that comes with getting divorced. The best thing you can do is to hire a competent, experienced Nassau County family court lawyer who will mentor and guide you. 

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Nassau County Family Lawyer - Child Support

Child support are court ordered payments made for your child’s support and benefit. It is a legal obligation that must be adhered to, or else there will be serious consequences. These funds are used to pay for essentials such as food, shelter, clothes, medical care, and education. Regardless of the outcome of your custody battle, child support will be a factor in your case. You will either be the payer or the recipient.

The courts usually have little discretion in determining the amounts of child support payments. This is because states are compelled to adhere to specific child support legislation guidelines as...

a condition of obtaining federal money. Although the particular methods and specifics differ from state to state, there is a consistent overall structure.

Child Support Calculation

Child support payments are calculated based on the parent’s income, the proportion of time spent with children by each parent, and the number of children involved. To eliminate subjectivity, the courts have guidelines they mist follow.

The court will review several factors when calculating child support amounts to be paid monthly. These can include:

  • The child’s gender and age
  • Any educational, physical, or medical special requirements
  • Each parent’s revenue and academic attainment
  • The number of children at issue in the custody proceeding.
  • The relationship history of each parent with the child or children

Dispelling the “Deadbeat Dad” Label

The term “deadbeat dad” is commonly used term to describe a father who fails to provide emotional or financial support for his children. This is one of the numerous gender stereotypes that persist in the family justice system. Not every father who fails to pay child support can be characterized as a “deadbeat.”

The law acknowledges the inability to pay as a valid defense against a contempt charge. However, demonstrating unemployment alone is not sufficient to establish an inability to pay. If you are a father who has fallen behind on child support payments, contact a Nassau County family law attorney to determine if there are any additional options available to you.

What If You Can’t Pay Child Support

There are numerous causes of financial difficulties, but most do not qualify you for a child support reduction. It is possible that losing a portion of your income will not be sufficient to reduce your child support obligation.

If you lose a significant portion of your income, your attorney will advise you on whether or not you are eligible for a reduction in child support. If your attorney thinks you are eligible, they can make a motion for the court to modify your child support order.

The Consequences of Not Paying Child Support Are Severe!

. Not paying child support can result in;

  • Property / Bank Account seizure
  • Driver’s license suspension
  • Tax refund seizure
  • Wage garnishment
  • Jail time

The court determines the amount and timetable of child support, so if you have a problem making payments on time, your lawyer must inform the court of any changes in your status. It is never advisable to default on child support payments, then wait to get to court for your attorney to explain why.

Child Support and College Expenses

A court can order you to assist in the payment of your child’s education. This may include payments for textbooks, housing, and class trips. 

Modifying Child Support

When the judge determines your initial child support obligation, the determining factors may be statutorily mandated, case-specific, or a combination of both. These preliminary considerations may influence future assessments of your child support obligation.

You have the right to modify your child support obligation if the variables used in the initial calculation have changed or if other factors are no longer applicable. In the event of an emergency or if you are experiencing temporary financial difficulties, the court may temporarily reduce your payments. If the custodial parent experiences financial problems, the non-custodial parent’s child support payments may temporarily increase. Regardless of the circumstances, the court will make the final determination.

Visitation Rights

In most cases, the court desires that both parents maintain a relationship with the child. If one parent has sole custody of a child, the court allows the non-custodial parent to visit and spend time with the kid unless there is a compelling reason for denying visitation.

Visitation and custody are two distinct issues, but they are generally decided at the same hearing. A petition for visitation can be filed as a separate case.

The court will order visitation...

whenever visitation is in the child's best interest. Visitation is also known as "parenting time."

Who Can File for Visitation

The parents, grandparents, and siblings of a child may ask the court for visitation rights. This does not indicate that they are granted visitation.

A parent has the right to visit a child placed in foster care unless his/her parental rights have already been "terminated."

The Visitation Hearing

Typically, parents can agree on their visitation schedule. Unless one parent has a convincing reason not to have visitation, the Judge will hold a hearing to determine a visitation schedule if the parents cannot agree.

family lawyer nassau county

Law Guardian, Guardian Ad Litem and Adoptions

What is the difference between guardianship and adoption?

 

A guardianship is a temporary legal arrangement in which an adult, who is not the child’s parent, looks after the youngster. A parent who agrees to guardianship does not automatically relinquish all parental rights. The child’s legal parents usually continue to be obligated to provide for their needs, and they typically have the right to revoke guardianship at any time.

Adoptions, as opposed to guardianships, are final and completely discharge a parent’s duties and rights to a child. Once an adoption has occurred, the child’s biological parents usually ...

no longer have any legal or moral obligation to care for the kid financially or via visits. It should come as no surprise that the adoption procedure is significantly trickier to reverse than the process of establishing guardianship.

What is a Law Guardian's role?

 

 In most cases, guardians act as parents for a child who is not their own. However, a child’s parent may be granted guardianship of the child or the child’s estate if the youngster has strict medical requirements or financial resources.

A guardian’s duties usually involve meeting the child’s basic necessities, such as food, clothes, housing, education, and medical attention. Financial management and asset protection are the responsibilities of guardians over a child’s estate until the youngster is 18 years old.

When does a guardianship end?

 

Guardianships may end following a court order or automatically when specific things happen. A guardianship order can specify, for instance, that it will last for a year. In that situation, the guardianship would end on its own after a year.

Usually, guardianships continue until one of the following things happens;

  • The court ordered timetable ends
  • the child reaches 18 years old
  • upon the death of the child
  • the child’s assets have been exhausted.

 The guardianship is no longer required, or the guardianship is no longer in the child’s best interests, according to the judge.

A judge will name a new guardian, for instance, if a guardian asks to be freed from the guardianship. A judge may remove a guardian for cause if the guardian has misappropriated the child’s assets or permitted or engaged in abuse by no longer acting in child’s best interests.

What is a Guardian Ad Litem?

 

 A Guardian ad litem (GAL) is appointed by a judge to decide what is best for a child. They are usually chosen to represent the child’s best interests in a custody battle. In a divorce, parental termination, or adoption case, a court may appoint a GAL to represent the child.

Do I require guardianship if a relative’s minor child is living with me?

 

No, not always. You most likely don’t require legal guardianship if a friend or relative’s child stays with you for a short period of time. However, issues may occur if a child stays with you for an extended period., or if the child has severe intellectual challenges or medical requirements.

Long-term stays increase the likelihood that you will need to get the child medical attention, such as a dental cleaning or physical. If you are not the child’s guardian, getting the child the appropriate medical treatment or enrolling them in school could be challenging. Before permitting a different person’s child to live in your house, it’s crucial to consider the child’s requirements and your involvement in the child’s life.

Do parents sometimes need to have guardianship over their own children?

 

Parents must establish guardianship over their children’s estates in unusual circumstances. Minor children often don’t financially contribute to their families or have personal savings. It could be necessary for a parent to establish guardianship of the child’s inheritance when the youngster gets a large financial gift.

These guardianships enable parents to oversee and protect a child’s financial assets until the child turns 18. When a child is no longer a minor, the guardianship usually ends automatically.

Your Nassau County Family Lawyer is the best person to consult with about your circumstances and the intricacies of family law.