Your children deserve compassion and understanding during this difficult time
Your children deserve compassion and understanding during what can be the most difficult time in their life. When parents can truly put their children’s best interest ahead of their own a resolution can usually be reached. Custody is the most important, scary, and emotional decision in your divorce. No parent should have “visitation” but rather both parents should have “parental time” with their children. Decisions regarding where your children will reside and how they will spend their time between their parents is difficult and filled with emotions. Parents who work together with their legal counsel should make these decisions. Let us help you and your spouse determine what is best for your child. What will disrupt their life the least? What decisions can be made that will help them adjust emotionally and work within their life and yours. These are decisions that should be made by two loving parents and not by a Judge – when both parents are guided by caring and compassionate attorneys who realize and appreciate the fragility of children and the importance of parenting.
Nothing is worse than a child being caught in the middle of their parents’ divorce. Parents should do everything possible not to put their children in this position. They should never be asked or forced to choose between two parents they love. There are parenting coaches we work with to help facilitate co-parenting when necessary. Coaches can help during a divorce and well into the future.
If you can’t work out custody and access with the help of our experienced legal guidance and experts than a Court will do so for you and we are here to represent you in Court.
If you need the assistance of a Judge to decide custody and with whom your child resides a petition for custody will be filed. We will either file a petition in Family Court or if a divorce is begun, we will file in Supreme Court. An attorney for your child will be appointed who will represent their interest and wishes. If necessary, forensic evaluations by and expert will be ordered at your own expense. The Court, together with legal counsel will attempt to resolve the dispute and if necessary, a trial will be held in which it is possible your child will have to meet privately with the Judge.
Cases in which substance abuse or violence is present many times Order of Protection are necessary and we must act swiftly in Court as you and your children’s safety is always the highest priority. Judges will be assigned and an attorney for your child/children will be assigned by the Court. The child’s attorney will meet with them and represent their interest in Court. Your child will not have to go to Court for these proceedings.
There are specific laws and formulas established by New York State Law in which the non-custodial parent pays child support to the custodial parent. There are also variations from the child support guidelines in certain circumstances.
We will advise you and represent you in any child support matters or enforcement of such matters when a parent is not paying proper child support.
Additionally, given the current world situation there is also the possibility of modifying child support due to loss of employment or reduction of income. We will file a “downward” modification of child support. It is important to file right away to preserve your rights as your modification will only be granted retroactive to the date you filed for the modification. You can’t wait to file; you must file as soon as you have a change in employment or income. We are here to work with you and explain in detail what is necessary to meet the standard for modification either downward or upward.