By Family law lawyers work on a variety of issues, including divorce and separation, child custody, domestic violence, alimony, and adoption.
They also help with other types of matters, such as pre- and post-nuptial agreements.
Before hiring a lawyer, it is important to find out how much experience they have with the issue you need help with. You should also ask them about rates and fees.
Child Custody
In New York, child custody is a legal responsibility that provides for who a child lives with. There are two types of custody: physical custody, which determines where the child lives, and legal custody, which gives parents the right to make important decisions about their children.
Custody disputes often have a lot of complexity. They require skilled negotiation and mediation to achieve a successful agreement.
Often, these agreements require modifications as the family situation changes over time. This can include issues such as a change in home location or schedules, as well as substance abuse problems that affect one or both of the parents.
Having an experienced attorney who can assist you with these matters is essential. This is especially true for complex custody disputes, including those involving international and interstate custody issues.
Pre and Post-Nuptial Agreements
Family Law Lawyers often work with couples who want to enter into a pre and post-nuptial agreement. These agreements spell out how assets will be divided if the couple decides to divorce or legally separate.
They may be especially important for couples who have significant assets, a large estate, children from a previous marriage or expectations to receive a large inheritance or distribution from a family trust.
A pre-nuptial agreement can help a couple avoid the stress of having to fight over assets and property in a divorce. They can also allow for plans to protect a child’s welfare in the event of the dissolution of the marriage.
However, it is important to note that a pre-nuptial agreement must be drafted with great care and specificity. It must be able to demonstrate that the couple received independent legal advice before signing it, that there was no fraud, duress or mistake, and that the division of assets was fair.
Divorce or Separation
Divorce or separation can be an important decision for you and your family. If you are worried about the effect a divorce or separation might have on your children, you should discuss your options with a family law attorney.
Legal Separation
A legal separation is a type of divorce that entitles a spouse to keep his or her marital status. It also preserves some of the couple’s rights and responsibilities, including spousal support payments and child custody.
You can get a legal separation by filing a request in family court. The judge will then enter a separation order that addresses property division, spousal support and child custody issues.
During this time, you and your spouse must live separate. You may have to share custody of your children (known as joint custody).
Some couples choose to get a legal separation when they aren’t sure they want to get divorced. Other couples do so because of religious beliefs or financial reasons.
Business Issues
One of the most difficult and complex challenges a family law lawyer faces is managing business issues that affect the case. These could be issues such as raising capital for the business, obtaining loans for the company, or dealing with regulatory and compliance problems that affect the company’s operations.
As many readers may know, some family businesses are more vulnerable to unionization than others, owing to the nature of their operations. For example, the Employee Free Choice Act (EFCA), a bill passed by Congress that would eliminate secret ballots in labor disputes and enable union organizers to coerce employees into joining unions, could have a significant impact on family businesses.
A family law lawyer needs to be knowledgeable about these issues in order to provide the best representation possible for his or her clients. When looking for a new lawyer, be sure to ask about their family law experience and how they can help your family business.