Family law deals with domestic relations, so Bronx family court lawyers represent clients in divorce proceedings and associated matters such as spousal maintenance, child custody and support, and division of marital property. Many lawyers also assist victims of domestic violence in civil protection court order proceedings.
There are two types of custody arrangement when it comes to minor children. One is physical custody, which specifies where the child primarily resides. The other is legal custody, which gives the custodian the power to make decisions regarding the general welfare, health, and education of the child. Parents may come to either of these arrangements (or a combination of both) by agreement, although in contentious divorces and family court cases, a judge may have to step in.
New York state law mandates child support, which must be included in any divorce order or settlement. The amount of support a parent has to pay depends on his or her income and is calculated using the Child Support Standards Act. If there is an unforeseen material change in the non-custodial parentâ€™s circumstances, then their Bronx family court lawyer can help them seek a modification of the child support agreement or order.
Bronx family court lawyer advocate for their clients in spousal maintenance proceedings. When determining whether maintenance will be awarded (as well as how much and for how long), New York courts consider factors such as
- The duration of the marriage
- The age and health of each spouse
- Whether or not there are children of the marriage
- The ability of the spouse seeking maintenance to become self-supporting
Visitation addresses the rights of a non-custodial parent to see his or her children. Bronx family court lawyers who represent these parents advocate for their clients to enjoy as much parenting time with the children as possible. In certain instances, grandparents may have rights to enjoy visitation with their grandchildren.
Orders of protection
An Order of Protection is issued to protect someone from stalking, harassment, abuse, and other types of violence. Family court lawyers will assist their clients in seeking an order to prevent a current or former spouse, family member, or partner from harming them. There are two primary order types:
- Stay away orders command the accused to have no contact whatsoever with the person who requested protection. This typically includes staying away from the petitionerâ€™s home and place of employment as well as refraining from communicating with them, either directly or indirectly.
- No offensive conduct orders do not require the accused to stay away completely, but he or she must refrain from any actions that can reasonably be deemed inappropriate or offensive.
An experienced Bronx family court lawyer will know what steps their client needs to take to ensure the best possible outcome in their particular case and give them the advice they need to make the right decisions. Jayson Lutzky is an attorney who has practiced law for over 33 years and offers free in-person consultations for potential clients. He handles family court and divorce cases and regularly appears in court. You may reach his office at 718-329-9500 or visit his website at www.MyNewYorkCityLawyer.com to get in touch with him.