FAMILY LAW
Experience In Complex Family Law Litigation
Experiencing any type of Family Law issue can be extremely painful and difficult to navigate. When it comes to complex Family Law matters, we understand that protecting the well-being of the family comes first. Our attorneys are highly skilled and knowledgeable in Family Law. We know how to fiercely advocate on your behalf to ensure the smoothest and most peaceful legal process possible.
Ways We Can Help
- Rights of Fathers
- Paternity
- Child Custody
- Child Support
- Child Abuse and Neglect
- Orders of Protection
- Adoption
- Foster Care
- ACS/CPS Removal
- Termination of Parental Rights
- Rights Grandparents Rights
- Violation of Prior Order
- Contempt Orders
- Modification of Prior Order
- International Disputes Regarding Children
- Parent Relocation
- Guardianship
- ACS/CPS Investigation
WHAT IS CUSTODY?
Custody is a parent’s legal right to control his or her child’s upbringing.
It may also be referred to as parenting. A parent who does not have
custody will still likely be entitled to visitation, also known as spending
time with the child(ren).
WHAT IS THE DIFFERENCE BETWEEN LEGAL CUSTODY AND PHYSICAL CUSTODY?
Custody has two parts: legal and physical. Legal custody: the right to make major decisions about your child. This includes where your child goes to school, what kind of religious training a child receives, whether your child gets surgery. Physical custody: who the child lives with on a day-to-day basis. A parent with primary physical custody is sometimes called the “custodial parent” or the child’s “primary caretaker.”
WHAT IS AN ORDER OF CUSTODY?
An order of custody gives responsibility for the care, control and maintenance of a child to one or both of the child’s parents or to another party.
WHO MAY FILE A PETITION FOR AN ORDER OF CUSTODY?
A parent, grandparent or a person with a substantial connection or relationship with the child may file a petition in Family Court requesting that the court place the child in his or her custody. A copy of the petition and a summons must be served upon (delivered personally to) the person or parties who presently have custody of the child. If the child’s parents are separated and one parent seeks a custody order, that parent must have the papers served upon the other parent. If a non-parent is seeking custody of the child, then both of the child’s parents must be served. There are no filing fees in New York Family Court.
WHAT IS AN ORDER OF VISITATION?
A parent seeking to visit with a child may file a petition in Family Court against the person or persons who have custody of the child. Custody and visitation matters are often heard together within the same hearing, but a visitation petition may also be filed as a separate matter. Other family members, such as grandparents or siblings, may also file a petition seeking an order of visitation. The court will order visitation if it is in the child’s best interests.
HOW WILL A JUDGE DECIDE CUSTODY?
An order of custody gives responsibility for the care, control and maintenance of a child to one or both of the child’s parents or to another party.
- Who has been the child’s primary caretaker
- The quality of each parent’s home environment
- How “fit” the judge thinks each parent is (stable home and lifestyle, good judgment, has a job,”good mental and physical health)”
- Which parent the child is living with now, and for how long
- Each parent’s ability to provide emotional and intellectual support for the child
- Which parent allows the other parent into the child’s life (does not try to cut out the other “parent)”
- If the child is old enough, which parent the child wants to live with
- Whether your child would be separated from any siblings
- Whether either parent has been abusive A judge must consider whether there has been domestic violence.
WHAT IS CHILD SUPPORT?
New York law says that children are entitled to share in the income and standard of living of both parents. Child support is the money that the non-custodial parent pays to the custodial parent if the child is under 21. Child support is based on a strict formula. Child support may be awarded by the Supreme Court as part of a divorce, or in Family Court as part of a child support proceeding.
HOW DOES A COURT CALCULATE CHILD SUP‐ PORT? (NEW YORK LAW)
First, the court determines each parent’s net income. Net income is gross income minus certain deductions, such as FICA, NYC income tax, Yonkers income tax, spousal support and child support paid for other “child(ren)”. Second, the court adds the parents’ net income together and multiplies that number by a percentage, depending on how many children they have:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- no less than 35% for five or more children
That amount is then divided based on the proportion of each parent’s net income to the combined parental net income. In addition to the basic child support obligation, a spouse may also be required to pay for child care expenses, educational expenses and medical expenses.
WHO IS ALLOWED TO FILE FOR CHILD SUPPORT?
Any parent or adult caring for a child may file for child support.
HOW LONG SHOULD I EXPECT TO RECEIVE CHILD SUPPORT?
A custodial parent may receive child support for his or her dependent children who are not emancipated. The age of emancipation varies by state. In New York State, the age of emancipation is 21. In most of the other states, the age of emancipation is 18. However, there are times when this rule does not apply. If a child enters a marriage, joins the military, or becomes financially independent, payment of child support may not be required.
DO I HAVE TO TALK TO CPS OR LET THEM INTO MY HOUSE?
No, not without a court order. CPS will likely tell you that he/she is there to help and make you feel comfortable when speaking with CPS. However, anything you say to CPS can be used against you. If you do let CPS in your home, voluntarily, then CPS will not need a court order.
WHAT IS A CHILD-PROTECTIVE PROCEEDING?
When it appears that a child less than eighteen (18) years of age has been abused or neglected or is in danger of being abused or neglected, a petition may be filed by a child protective agency asking the Family Court to assist in protecting the child. In New York City, this agency is the Administration for Children’s Services.
The court then holds hearings to decide if the allegations are true and if so, what action the court should take to protect the child.
The court then holds hearings to decide if the allegations are true and if so, what action the court should take to protect the child.
WHAT'S THE DIFFERENCE BETWEEN A TEMPO‐ RARY AND A FINAL ORDER OF PROTECTION?
A temporary order of protection is issued on the day you file for an order of protection before the respondent is served with the papers. It only lasts until the next time that you are in court. The court usually will extend the temporary order at each court date until the case is over. If a final order of protection is issued, this occurs at the end of the case after the Judge finds that a family offense was committed or the respondent agrees. A final order lasts for two or five years. A final order of protection can also include:
- Restitution: If the respondent damaged any of your property (e.g. car, windows, furniture), the court can order the respondent to pay damages (“restitution”) up to $10,000. You will have to prove the value of what was damaged.
- Medical expenses: The court can order the respondent to pay for any medical expenses arising from the abuse.
- Participation in a Program: The court can order the respondent to participate in services, such as a batterer’s education program, or make referrals for drug or alcohol counseling.
WHAT IS A PATERNITY CASE?
When a child is born to parents who are not married to each other, the biological father is not considered the child’s legal parent unless the father has signed an “Acknowledgment of Paternity” (usually done at the hospital at the time of the child’s birth) declaring himself to be the child’s father, or an “order of filiation” has been entered, which is a court order that declares that person to be the legal father. A petition may be filed in Family Court seeking an order of filiation.
WHY IS IT NECESSARY TO HAVE AN ORDER OF FIL‐ IATION MADE?
If a man was not married to the mother of the child, he has no obligation to pay support for the child, and has no legal right to custody or visitation with the child, unless he is legally named the father of the child, through an order of filiation or an acknowledgment of paternity
WHO MAY FILE A PATERNITY PETITION?
The petition may be filed by the child’s mother, by a man who believes he is the father of the child, by the child or by the child’s guardian. If the child is receiving public assistance, the Department of Social Services may file a petition against the alleged father, seeking an order of filiation and an order of support. In some cases, a paternity petition may be filed even if the alleged father has died. The petition and a summons must be served upon (delivered to) the respondent. There are no filing fees in New York Family Court.
WHAT IS FOSTER CARE?
A “foster child” is a child who has been placed in the care and custody of the Administration for Children’s Services, or an authorized child-care agency for either short-term or long term care. This care is often with a “foster family”, who may be related to the child. The agency has physical custody of the child, but the parent continues to have legal rights
HOW DOES A CHILD ENTER FOSTER CARE?
A child may be placed in foster care voluntarily, at the request of his or her parents or legal guardian. Or a child may enter foster care involuntarily, by order of the court. The court may order that the child be placed in the care of an agency if it finds that the child has been abused or neglected or is at risk of such harm, or when a child’s behavior is beyond the control of those responsible for his or her care.
A child may also be removed from his or her home by a child-protective agency because of an emergency in the home.
A child may also be removed from his or her home by a child-protective agency because of an emergency in the home.
WHAT IS A GUARDIAN?
A guardian is a person or an agency to whom the court gives authority to take responsibility for the care of a child. It may be planned for in the future: for example, a “standby guardian” may be appointed to take responsibility for a child’s care at a future date if a parent’s illness is worsening and he or she is not expected to be able to continue caring for the child.
WHO CAN FILE A PETITION FOR GUARDIANSHIP?
An adult relative or family friend, a child-protective agency or if the infant is over the age of 14 years, the infant (child), can petition the court to be appointed as the guardian or standby guardian of a child.
CAN A CPS OR ACS WORKER TAKE MY CHILDREN WITHOUT A COURT ORDER?
Not unless it is an emergency. However, in emergency situations the CPS worker will likely have the police when CPS knocks on your door. This scenario is called an emergency removal. If an emergency removal happens, CPS must request a court order within one business day unless it is a weekend. If so, CPS will have until the close of the next business day.
WHAT HAPPENS IF MY CHILDREN ARE REMOVED?
You will be served a copy of the petition showing the allegations against you and a notice to appear in court. When you appear you can demand a hearing, which forces ACS to provide evidence (documents or witness testimony) to the judge that shows why the children would be at risk of harm in your care. At that hearing you can present evidence that it is safe for the children to be returned home. Once both sides have been heard the judge will then determine if it is safe for the children to return to your care while the case is pending.
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