Family law cases in New York State cover a wide range of contentious disputes that arise between family members. By understanding the different types of cases under the family law umbrella, individuals can better navigate their own legal disputes as they arise. Some of the most common include:

Divorce and Separation

Divorce is the formal ending of a marriage. During the divorce process, items like the division of marital property need to be addressed so both parties can move on with their separate lives. If a divorce is too formal, a couple could enter a legal separation that allows both parties to live apart while maintaining the benefits of still being legally recognized as married. Living arrangements, financial responsibilities, and child custody disputes are other issues that arise during these processes.

Child Custody and Visitation

Both child custody and visitation are common issues that need to be resolved during a divorce case when a couple has children together. Custody can either be joint or sole, meaning one parent may be awarded full custody of the child or the duties could be split between both parents. When sole custody is awarded, visitation schedules are often created for the non-custodial parent unless there is evidence that they have been abusive or neglectful in the past.

Child Support

Another vital component of family law is child support, which helps to ensure that any children who are subjected to their parent’s divorce will still be financially supported as they enter their new family dynamic. In most cases, a non-custodial parent will be required to pay child support to the other parent to help support the child’s basic needs. This can include rent or mortgage payments, food, clothing, and medical expenses.

Adoption

Adoptions also fall under family law, which is the process in which individuals or couples become the legal parents of a child who is not biologically their own. The process involves a number of background checks, home studies, and different legal proceedings for the court to feel comfortable that the new adoptive parents are suited for the role. Once the adoption process is complete, the new parents will obtain all legal rights and responsibilities for their new child.

Domestic Violence and Orders of Protection

Cases of domestic violence involve patterns of abusive behavior in a relationship that are used by one party to control another. This can include a combination of emotional, physical, sexual, and financial tactics to prevent the victim from escaping the relationship. Many times, victims of these cases seek legal assistance to establish an order of protection, which is a court-issued directive that holds abusers accountable if they violate the terms of the order.

Prenuptial and Postnuptial Agreements

Both a prenuptial and postnuptial agreement are legal contracts that outline the details of a divorce if it were to happen. Prenups are created before a couple marries, while a postnuptial agreement can be established any time after the wedding. Common items that these agreements address include how marital assets will be divided, conditions for spousal support, and inheritance rights. These agreements can provide much-needed financial clarity and protection.

Paternity and Parental Rights

Establishing paternity is an important legal task to establish who has certain legal rights and responsibilities for a specific child. Paternity can be established either through an acknowledgment form signed by both parents or genetic testing. After this has been established, a father would officially be granted parental rights to custody and visitation. Establishing paternity helps to ensure a child is emotionally and financially supported.

Family & Divorce Law Cases Are Very Emotional And No Walk In The Park. Our warm & professional staff is standing by to provide you with legal counsel. Whether you are facing a contested or uncontested divorce you can retain our Divorce Lawyer services today to schedule & fast & free legal consultation.

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