Family law cases can be challenging, overwhelming, and emotionally taxing. At Douglas Family Law Group, our Rye, NY family law attorneys are committed to assisting our clients with their legal issues. We offer comprehensive and strategic support throughout all stages of your family law case.
Whether you are navigating a divorce or seeking assistance with other family law issues such as child custody or spousal support, our team can provide the help you need. Contact us today at 914-615-9058 to schedule a consultation and discuss your specific situation with one of our experienced Rye attorneys.
Below are some of the family law matters that our law firm handles.
Child Custody
Child custody arrangements in New York are determined based on what is in the best interests of the child. Courts typically favor arrangements that allow each parent to participate in the upbringing of the child, although not necessarily equally.
How Is Child Custody Determined by New York Family Court?
In New York, family courts must consider a wide range of factors when making, approving, or modifying a child custody arrangement to ensure that it is in the best interests of the child. Some of the factors that courts typically consider before awarding custody include:
- The child’s physical, emotional, and developmental needs.
- The child’s relationship with each parent and any siblings.
- The financial resources and ability of each parent to provide for the child’s needs.
- The wishes of each parent regarding custody and visitation.
- The ability of each parent to care for and provide for the child’s needs.
- The stability and safety of each parent’s home and environment.
Can We Create a Child Custody Plan Without Involving the Court?
In New York, parents are also allowed to reach agreements regarding custody without involving the courts. These agreements can be prepared with the help of a lawyer or on their own, but they must be reviewed by the court to ensure that they serve the best interests of the child.
What If Parents Are Unable to Agree on All Aspects of Child Custody in New York?
In some instances, parents may be unable to reach an agreement on child custody. In such cases, the court will decide both legal and physical custody of the child after a trial.
Dealing with child custody matters can be draining and confusing, but the Rye, NY child custody lawyers at Douglas Family Law Group can help you explore all your legal options and help you find the best arrangement for you and your family.
Child Support
Child support is a critical aspect that needs to be addressed in cases where parents split and have minor children in New York. The primary purpose of child support is to help meet the child’s basic material needs.
How Is Child Support Determined in New York?
New York family courts rely on guidelines provided by the state to determine the amount of child support that is paid or received.
Initially, the court examines the combined net weekly income of both parents and then utilizes this figure to calculate the proportion of total income that should be allotted for supporting the children, which is referred to as the basic child support obligation.
After establishing the total income of both parents, the court will consider the amount that the parent responsible contributes to this sum, in addition to the basic child support obligation, to ascertain the expected contribution from that parent.
What If My Financial Status Changes?
If you are a parent responsible for paying child support, and you experience a significant alteration in your financial situation, the court may approve a child support modification that could alter the amount of child support you are obligated to pay.
The legal team at Douglas Family Law Group in Rye, NY can assist you with seeking a child support judgment that is favorable to you and effectively caters to the requirements of your child. Contact us today at 914-615-9058 to arrange a consultation and discover how we can safeguard your legal rights.
Parenting Plans
When two parents are separated or divorced, they create a parenting plan, which is a written agreement that delineates their obligations and entitlements concerning their children’s care. It is also utilized to prevent any possible future disputes.
How Do Parenting Time Guidelines Work in New York?
In New York, both parents have the right under the law to request custody and visitation time with their children. Custody decisions in New York are usually gender-neutral, which implies that both mothers and fathers are considered to have equal rights when it comes to custody and visitation.
What Elements Must Be Included in Parenting Plans in New York?
New York child custody laws require the following components to be incorporated into a parenting plan:
- A timetable outlining the children’s living arrangements (physical custody).
- An inventory of each child’s particular needs over time.
- A list and explanation of the decision-making authorities of each parent (legal custody), including education, healthcare, and other components.
- A schedule outlining each parent’s day-to-day responsibilities as well as the practical considerations of the children’s daily lives.
- A description of de-escalation measures and parental actions aimed at reducing conflicts between parents.
- A specification of specific remedies if either parent fails to comply with the parenting plan.
- An outline of the dispute resolution process that will be utilized if any disputes arise.
Do I Need a Parenting Time Lawyer, and How Can They Help?
If you are undergoing a divorce or separation and have minor children, it is crucial to have a lawyer who can assist you in exploring your alternatives. Additionally, the attorney will provide you with the representation necessary to devise an effective parenting plan.
Parenting plans must be designed to meet the unique needs, objectives, and circumstances of each family. At Douglas Family Law Group in Rye, NY, our legal team will assist you in developing a parenting plan that is in your children’s best interests. Contact us at 914-615-9058 to learn more.
Prenuptial Agreement
Marriage is more than just an emotional commitment; it is also a legal and financial one. Regardless of how confident you feel in your relationship, it is impossible to predict what the future will bring. A prenuptial agreement can help ease some of the concerns that come with getting married.
What Is a Prenuptial Agreement?
A prenuptial agreement, also known as a prenup, is a written agreement between two individuals who plan to marry. It may contain various clauses, such as guidelines for distributing marital assets in the event of a divorce, as well as limitations on the amount of maintenance that one spouse must pay in the event of a divorce.
What Are the Benefits of Having a Prenuptial Agreement?
Prenuptial agreements are essential because they allow both partners to have a clear understanding of their financial obligations to one another throughout and following the marriage. Below are some of the advantages of having a prenuptial agreement:
- Establishes an estate plan.
- Defines separate and communal property. What property is separate (belonging to one spouse) and what is communal (shared between both spouses).
- A prenup can create a plan for how property and assets will be divided in the event of a divorce.
- Helps reduce future conflicts and legal expenses.
What Should Our Agreement Include?
When drafting a premarital agreement in New York, couples can address several key issues in their agreement. These issues include:
- The choice of law that will govern the agreement.
- Ownership rights to a death benefit from a life insurance policy.
- Spousal support in the event of separation or divorce.
- Disposition of property in the event of separation, divorce, or death.
- The right to manage, transfer, and control property.
- The right to participate in a spouse’s retirement plan.
- The creation of a trust, will, or other mechanism to carry out the provisions of the agreement.
- The rights and obligations of each party regarding any property held by either or both parties.
- Any other matter that the parties deem necessary, including personal rights and obligations.
Note: It is important to keep in mind that any provision in a premarital agreement must not violate any existing laws or public policy. Additionally, the agreement must not negatively impact a child’s right to receive support, and any provision relating to child custody will be subject to judicial review.
Why Should I Hire a Prenuptial Agreement Lawyer?
Having a prenuptial agreement lawyer by your side can make a significant difference in understanding the terms of your agreement. A knowledgeable attorney can review the agreement to ensure it complies with the legal requirements and prevent it from being declared invalid by a court.
It’s crucial to avoid certain terms and provisions that are not allowed in prenuptial agreements, and an experienced prenuptial agreement lawyer can help you steer clear of them. A knowledgeable attorney is well-versed in the laws and regulations regarding prenuptial agreements and can help you avoid including prohibited terms that may render the agreement invalid.
If you are considering a prenuptial agreement in Rye, NY, don’t hesitate to get in touch with our legal team at Douglas Family Law Group. Our experienced attorneys can provide you with comprehensive legal guidance and advice on prenuptial agreements. Contact us today at 914-615-9058 to schedule a consultation with our team.
Surrogacy
The recent legalization of surrogacy in New York is a monumental step towards a more compassionate and inclusive approach to family planning. As a law firm that specializes in family law, we make sure to stay up to date with this new legislation and the legal implications it has on surrogacy agreements.
With the Child-Parent Security Act in place, surrogacy agreements are now recognized and compensated, ensuring legal protection for both intended parents and surrogates. To comply with this legislation, it is imperative that all parties involved in surrogacy arrangements have access to independent legal representation and undergo comprehensive medical evaluations.
As a trusted legal advisor for families in need of surrogacy services, it is our responsibility to guide you through the legal aspects of this process. We ensure that surrogacy contracts are drafted in accordance with the guidelines set forth by the legislation, protecting the rights of all involved parties.
Join the movement towards a more compassionate and inclusive family planning landscape by taking action today.
Post Judgment Modifications
Post-judgment modifications become necessary when changes in circumstances after a divorce require the modification of child and spousal support orders, child custody orders, visitation orders, and more. If there has been a significant change in the divorcing couple’s circumstances, post-judgment modifications are often granted.
What Is a Post-Judgment Modifications Lawyer?
A post-judgment modification lawyer is a professional who can assist you in compiling the necessary financial information to demonstrate why previous court orders should be modified. Whether it’s a relocation case, child support order, maintenance order, or new parenting plan, a skilled family law attorney in Rye, NY, can provide you with the legal guidance and representation you need.
Why Should I Hire a Divorce Modifications Lawyer?
Even if you feel that a proposed modification request is justified, it must be accepted by a judge to be enforceable.
If you’re considering filing a modification request in your divorce case, it’s crucial to seek the guidance of an experienced divorce law attorney in Rye, NY. A divorce modifications lawyer can help you understand whether it makes sense to file a modification request and explain what is required to increase the likelihood of the court granting a decision in your favor.
If you believe that your circumstances have changed and warrant a modification of the terms and conditions of your divorce decree, you can seek a post-judgment modification with the assistance of an experienced family law attorney. At Douglas Family Law Group in Rye, NY, we can help you with post-judgment modifications.
Contact us today at 914-615-9058 to schedule a consultation.
Cohabitation
Many romantic partners in New York are opting not to marry. Although there is no common law provision in New York, and cohabitation does not trigger any financial obligations or rights, unmarried couples may still enter into a cohabitation agreement to protect their legal interests.
What Is a Cohabitation Agreement and When Should I Get One?
A cohabitation agreement is a legal document that outlines the living arrangements and financial responsibilities of a committed, unmarried couple who have chosen to live together.
For any couple considering cohabitation, a cohabitation agreement is highly recommended. This document outlines the terms and conditions of living together, as well as the financial obligations and rights of each party. A cohabitation agreement can prevent misunderstandings and potential conflicts in the future.
What Happens to the Cohabitation Agreement Should We Decide to Marry?
If an unmarried couple decides to get married, they can either revise the cohabitation agreement to reflect their new circumstances or terminate it altogether. Alternatively, they may consider a prenuptial agreement.
It is crucial to note that even a minor error in the cohabitation agreement can result in a court declining to enforce it in the future. Therefore, it is highly recommended to have the agreement reviewed by an attorney experienced in the area of cohabitation agreements to avoid any potential legal complications.
Do Cohabiting Couples Have the Same Rights as Married People?
To protect each partner’s interests in a cohabiting relationship, it’s essential to have a cohabitation agreement in place. The agreement can specify how property and assets are owned and divided in case of separation or death. Without such an agreement, the court will use conventional property law rules to determine how to distribute the assets in case of separation.
If you want to make your cohabitation agreement process more civilized and less stressful, contact Douglas Family Law Group in Rye, NY today. We will protect your best interests and help you navigate the process of drafting a cohabitation agreement with ease.
If you want to make your cohabitation agreement process more civilized and less stressful, contact Douglas Family Law Group in Rye, NY today. We will protect your best interests and help you navigate the process of drafting a cohabitation agreement with ease.
If you want to make your cohabitation agreement process more civilized and less stressful, contact Douglas Family Law Group in Rye, NY today. We will protect your best interests and help you navigate the process of drafting a cohabitation agreement with ease.
Talk to a New York Family Lawyer Today!
Family law matters are usually high-stakes affairs, both personally and financially. If you’re facing a divorce, separation, child support, or any family matter in New York, you need an experienced law firm that understands all aspects of successfully handling these claims.
The lawyers you hire should be effective and aggressive in representing you to ensure that your rights are protected. They should be prepared to handle all of your family law issues, whether they require strong litigation or can be resolved amicably. This is exactly what Douglas Family Law Group in Rye, NY offers.
The family law attorneys at Douglas Family Law Group in Rye, NY provide efficient and effective family law solutions to our clients throughout the area. Our lawyers are compassionate allies and skilled advocates who can help you navigate your case with confidence.
Call us today at 914-615-9058 to schedule a consultation and review your case.
