Family matters ranging from prenuptial agreements to divorce are complex and nerve-wracking and often involve tedious paperwork and the need for legal representation. A Scarsdale family law attorney at Douglas Family Law Group will represent your rights and interests.
We put extra effort into managing all the challenging legal matters so that you and your family can concentrate on other important issues. Schedule a consultation with one of our family law attorneys in Scarsdale, NY by contacting us at 914-615-9058.
Child Custody
It’s far more challenging to determine child custody after a divorce or separation, considering the parents no longer trust each other. The judge will act in the kid’s best interests and select the situation that provides the most stability for the youngster upon receiving a custody dispute.
What Are The Different Child Custody Agreements In New York?
Yes. There are two types of agreements of child custody agreements in New York. Knowing what each type entails can go a long way in helping you choose an option that works best for you and your child.
- Legal Custody: It concerns your child’s living situation. The legal custodian makes the child’s religious, medical, and educational decisions.
- Physical custody: It concerns your kid’s physical location. A New York court may grant you sole physical custody and visitation rights to your ex. Alternatively, it may grant physical custody to both of you, meaning the child spends equal time with each parent.
How Does New York Family Court Determine Child Custody?
New York courts determine what is best for the child when a parent requests custody. The court will consider each parent’s lifestyle, level of stability, and ability to provide for the child. It will also consider whether one parent uses drugs, the state of the home, and the time each parent spends with the child.
The court will also look into any past domestic violence. The youngster can express their desires with the assistance of the Attorney for the Child. Although older children’s opinions are given more significant consideration, the court ultimately decides where a kid resides until 18.
Can Parents Come Up With a Child Custody Plan Without The Court’s Involvement in New York?
The best approach to reach a custody agreement is outside of court, with the assistance of a neutral third party. The court will mostly accept the custody arrangement you reach in such a case. The agreement should specify what would happen if the custodial parent relocates out of state.
What If the Parents Cannot Agree on Child Custody in New York?
You can file for divorce in a family court if you and your spouse cannot agree on who will care for your child. The court will decide who receives the child based on the child’s best interests. There are no strict criteria or rules for this. There will virtually always be some form of shared custody.
Douglas Family Law Group Can Assist in Your Child Custody Case
Consult a qualified Scarsdale child custody attorney as soon as possible if you believe your ex-spouse cannot care for your child. You can collect evidence and fight for what’s best for you and your child with the aid of our child custody attorney in New York.
Child Support
In New York, both parents are responsible for providing for their children’s needs until the age of 21. Taking care of a child’s needs is not difficult in intact households. The parents contribute to meeting their child’s needs in whichever way the family decides.
What Is Child Support?
One parent may give the other child support to assist in providing for a kid. In New York, child support pays for the kid’s schooling, health insurance, medical expenses, and daycare expenses while the custodial parent is at work or school.
Typically, the parent who sees the child less often compensates the parent who sees them more often. The court considers the combined income of both parents to determine an ideal amount of child support. Yet, every child support ruling considers each parent’s ability to pay.
How Is Child Support Determined in New York?
The court determines child support by reviewing the annual incomes of both parents and comparing it with the number of children they are responsible for. It may use the same formula for all income to the threshold amount if the total income exceeds the threshold amount.
The basic child support payment involves multiplying both parents’ salaries by the child support percentage. The court also considers the parent’s most recent federal income tax returns and the gross income that was reported (or should have been reported) to determine the parents’ income. If the parents filed a joint return, they must complete a form detailing their earnings.
What If My Financial Circumstances Change?
The court may approve a child support adjustment that alters the amount you pay for child support when your income significantly changes. Income fluctuations can occur for various reasons, including when a parent loses their work, receives a raise or promotion, changes careers, or is arrested.
Let Douglas Family Law Group Fight For You Child Custody Rights
You are highly advised to retain legal counsel when pursuing a child support case. Working with a Scarsdale child support lawyer gives you access to a subject matter expert who has gone to trial and can address any concerns you have about your case, ensuring that you are prepared for the hearing and are aware of the best evidence to present to the court.
Parenting Time
A childless couple usually has one advantage when divorcing; they never have to interact with each other again. But, parents with kids must continue to be in their kids’ lives and do it effectively if they wish to play significant roles in their lives.
If you don’t have a carefully thought-out parenting strategy, it shouldn’t surprise you that these interactions can be an endless source of contention, tension, and misunderstanding.
How Do Parenting Time Guidelines Work in New York?
A lawyer creates a parenting plan to assist in child custody. The plan demonstrates how to synchronize the parents’ schedules, distribute decision-making, and resolve some parenting issues. A clear understanding between divorcing parents prevents them from making mistakes and puts an end to any further arguments and hostilities. Additionally, it guarantees that both parents abide by the child custody guidelines.
A parenting time plan must include each parent’s demands. Each plan is unique depending on the circumstances and the requirements of the parents and their children.
What Are The Types of Parenting Time Guidelines in New York?
New York has two types of parenting time guidelines.
Possession and Access Order
Parents and kids must abide by a set of guidelines called a possession and access schedule so that everyone knows when the kids will be with each parent. But, if the parents believe it will benefit their children and family, they can agree to be flexible with the timetable.
Standards Access Order
The standards access order specifies the time the child spends with each parent. It reveals to parents where and with whom their child will spend the holidays. Specific additional guidelines exist for parents with homes over 100 miles away. The court won’t abide by the SPO if the child is under three years old or if it is not in the child’s best interest.
Do I Need a Parenting Time Lawyer, and How Can They Help?
Consider seeking legal assistance if a co-parent unreasonably refuses to give you fair parenting time. A lawyer will ask the court to investigate the situation and work with you to get back to seeing your children as soon as possible.
Scarsdale parenting time attorneys are familiar with the procedure and can develop an effective legal strategy. Additionally, our Scarsdale family law attorneys can submit all required paperwork on time and accurately and negotiate a settlement with the other parent and their attorney. They will also defend you in court if necessary.
Consult Douglas Family Group Law for Legal Counsel Regarding Parenting Time Schedules
You often need to follow particular procedures if you reside in New York, are divorcing, and are seeking to determine your children’s custody. Depending on the specifics, the steps may differ in your instance, or some may even be avoided. We can help.
Call 914-615-9058 to schedule a consultation with a parenting time lawyer near you.
Prenuptial Agreement
A prenuptial agreement is an important part of wedding planning. It might not be grounds for divorce, but it defines rights and obligations during the marriage to reduce the likelihood of financial issues.
What Is a Prenuptial Agreement?
A prenuptial agreement is an agreement you and your prospective spouse establish before marriage. It includes all your assets and debt before getting married. It also outlines each of your rights and obligations throughout the marriage. For instance, it can discuss assets division if you pass away or divorce.
What Are the Benefits of Having a Prenuptial Agreement?
You can lessen the financial effects of a divorce using a prenuptial agreement. Discussing what will happen if you divorce before you get married is a good idea.
A prenuptial agreement’s most significant advantage is ensuring and clarifying who would receive what during a divorce. It makes it sensible to hold onto the assets you own before getting married.
What Should Our Agreement Include?
The agreement is valid if both parties disclose their assets, including real estate, stocks, and retirement accounts, as well as all their debts, including credit card debt, auto loans, and school loans. These are only a few considerations you should make while creating a prenup.
Why Should I Hire a Prenuptial Agreement Lawyer?
While you do not require legal counsel to draft the prenuptial agreement, proceeding without first seeking sound counsel is still not advisable. The courts may throw out poorly worded premarital agreements during a divorce.
A prenuptial agreement lawyer can explain how things operate to you. They can also assist in ensuring the agreement’s validity if the courts ever need it.
Douglas Family Law Group Attorneys Are Knowledgeable in Prenuptial Agreement Matters
If you’re concerned about assets division during divorce or after the death of a spouse, one of the finest things you can do is discuss and create a prenuptial agreement with the help of our Scarsdale divorce lawyers. Even though it is difficult to consider divorce before getting married, a prenuptial agreement compels a couple to thoroughly consider their options should they ever divorce.
Call us today at 914-615-9058 to get started.
Surrogacy
The legalization of surrogacy in New York marks a historic moment, allowing intended parents who are unable to carry a pregnancy themselves to have a child through a woman acting as a surrogate. The newly implemented Child-Parent Security Act signifies a progressive shift towards a more inclusive and empathetic family planning landscape, as surrogacy agreements are now recognized and financially compensated, affording legal protection for both surrogates and intended parents.
To ensure that all parties involved in surrogacy agreements are protected, the legislation mandates that they have access to independent legal representation and undergo comprehensive medical evaluations. Additionally, the law provides clear guidance on the drafting of surrogacy contracts and the scope of their coverage, thus safeguarding the rights of all involved parties.
Contact a Douglas Family Law Group attorney today to start your journey today!
Post Judgment Modifications
You can request a post-judgment adjustment when the final divorce decree is no longer appropriate. Changes to child custody and/or placement, child support, and spousal support or maintenance are the most common post-judgment modifications. Making modifications after a judgment presents numerous challenges, and having a family law attorney by your side can make a world of difference.
What Is a Post-Judgment Modifications Lawyer?
A post-judgment modification lawyer assists in preparing and submitting post-judgment modifications. Unless the changes in circumstances are significant and can be proved, a court won’t grant alterations to custody, child support, etc.
If you want to create a compelling argument, you’ll need the assistance of a top-rated attorney.
Why Should I Hire a Divorce Modifications Lawyer?
The New York State law allows for alterations to a divorce decree, allowing for modifications in child support, custody, visitation, and maintenance. However, the process of altering the initial order is no walk in the park.
A divorce modification attorney can assist you in filing the appropriate papers, help you demonstrate a change in circumstances, and prevent you from making mistakes that could harm your case.
Consult our Divorce Modification Attorneys Today
Our Scarsdale divorce modification attorneys understand each case’s uniqueness and ensure the law is applied fairly. We can customize our assistance to meet your needs and create the strongest cases. No matter the issue or approach, we strive to get to know each of our clients personally to satisfy their unique needs.
Cohabitation
Many people are unaware that marriage is a contract between two people governed by law. It outlines the obligations and rights that each party has to the other. Unmarried couples can create contracts that outline each partner’s obligations even though they are not legally married. These agreements go under various names, including cohabitation agreements, non-marital contracts, and living together arrangements.
What Is A Cohabitation Agreement, And When Should I Draw One Up?
People who don’t want to get married but want to live together can form a cohabitation agreement to outline their financial, medical, and burial commitments until the partnership dissolves or one of them passes away. A verbal cohabitation agreement is enforceable, but a written one needs to be drafted by counsel and notarized.
Signing a non-marriage agreement with each person you date is not a good idea. Conversely, the agreement is preferable for long-term partnerships where you anticipate accumulating substantial money, property, and debt.
Older couples who want to guarantee that their property is distributed per their intentions after they pass away may find these agreements useful. Finally, individuals who, for whatever reason, do not support marriage ought to seriously consider establishing such an agreement.
What Happens to Our Cohabitation Agreement If We Decide to Marry?
When you get married, your living-together agreement will only be enforceable if the following conditions hold:
- The agreement about living together was drafted right before you got married or when you both planned to be married.
- The contract satisfies the requirements set forth by your state for a prenuptial agreement.
Premarital agreements, often known as prenuptial or premarital agreements, can only be enforced if made before the nuptials. You may need to sign a new premarital agreement to maintain your living arrangements after getting married if you already have a cohabitation agreement.
Do Cohabiting Couples Have the Same Rights as Married People?
Your rights may differ depending on whether you are married or cohabiting. Typically, you don’t have as many rights as you would if you were married when cohabitating. You have the same legal rights as someone married if the court recognizes your long-term relationship as intimate.
This implies that you might be allowed to keep some of the things you bought with your partner upon divorce. Everyone in New York receives a fair amount of debt and property during a divorce. You might receive more or less of the common property depending on your circumstances.
Douglas Family Group Law Can Assist You in Drafting a Cohabitation Agreement
Drafting cohabitation agreements requires the assistance of an experienced family lawyer because the subject is complex. Before signing the cohabitation agreement, you must obtain a legal opinion from our Scarsdale family law attorney to ensure it legally binds you and your partner.
Seek Legal Counsel You Can Count On for All Family Matters in New York
Some family matters, such as divorce, child custody, and parenting time, often cause emotional misery and financial stress. A Scarsdale family law attorney at Douglas Family Law Group can assist you with various family matters such as surrogacy, cohabitation, post-judgment modification, etc. Our law firm is committed to providing the most knowledgeable and competent legal counsel.
Contact us at 914-615-9058 today.
