Garden City Family Lawyer

Family law cases can be emotionally complex, especially when dealing with issues like child support, child custody, alimony, visitation, and other important matters. Even in amicable situations, these topics can be difficult to work through. It’s easy to get caught up in the back-and-forth, but staying focused on protecting your family and your legal rights is key.

Having a skilled Garden City family law attorney by your side can help alleviate some of the stress and guide your case toward a more positive outcome. Whatever domestic issues you’re facing, you can trust the Law Office of Laurence S. Margolin to advocate for your best interests.

Do You Need a Lawyer For Family Court: Why You Should Not Try To Represent Yourself

Family Court cases, especially those involving children or custody, can be emotionally charged. A parent may struggle to remain objective or calm, which could cloud their ability to present their case effectively. They may unintentionally appear biased or less credible because they are personally involved in the case. An attorney can act as a neutral party who can advocate for their client’s interests without emotional involvement, which may be more persuasive to the judge. A Garden City family law attorney can help you understand the legal process, potential outcomes, and options for settlement, reducing confusion and uncertainty.

Mistakes made in family court, especially in the areas of custody or child support, can have long-term consequences. A poorly structured custody arrangement or child support order could affect a parent’s relationship with their child or lead to an unfair financial burden.

What Does a Family Lawyer Do?

Family law is a broad practice area that covers divorce, parenting, finances, property, and numerous other related issues. An experienced family law attorney will be familiar with:

Child Support and Custody Matters

Child support consists of two distinct elements: a regular periodic payment (i.e. basic child support obligation), and contribution towards add-on expenses. Typically, such contributions include things that are not covered in the regular basic child support payment, such as unreimbursed medical expenses and the cost of necessary child care expenses.

When the non-custodial parent is in arrears in paying child support to the custodial parent, the custodial parent can contact the New York State Child Support Enforcement Unit (CSEU) for assistance in collecting overdue child support. If the non-custodial parent has a job, the custodial parent can request that the child support be automatically deducted from the paying parent’s wages. They can also enforce a support order through family court.

Child custody in New York includes both physical custody (how the child will split time with both parents during the week, holidays, special events, summers, and vacation time) and legal custody (how major decisions affecting the child’s education, healthcare, religious upbringing, and other significant issues will be made, and working out the process to make decisions where the two parents do not agree).

Visitation Rights

While the custodial parent has residential custody of the child, the law generally promotes the involvement of both parents in a child’s life, recognizing that a child’s best interests are served when both parents are active participants in the child’s upbringing. A non-custodial parent can retain the help of a family lawyer to reach an agreement with the custodial parent for a custody stipulation that includes a parenting schedule, or they can file a petition for modification if there is already a custody or visitation order in place.

Paternity and/or Father’s Rights

When a child is born to parents who are not married, where the father is not on the child’s birth certificate, or if paternity is not established, the father will not have to pay child support and will have no joint legal custody or visitation rights to the child.

When the father wants to be involved in the child’s life, have rights to share in the decision-making process, and have a parenting schedule, the father will need to file a petition for custody and parenting time. The parties would negotiate a custody stipulation, which will provide the terms of an agreement between the parents in the best interest of the child.

Relocation

Child custody orders and agreements typically limit how far a parent can move while the child is still a minor. Relocation often requires court permission, and the judge will consider various factors like the motives of the parent who wishes to move away.

Grandparents’ Rights

Grandparents do not automatically have rights to visitation with or custody of their grandchildren. They may be able to successfully petition the court for such rights in cases in which the child’s parents are deceased, unfit, incarcerated, medically unable to care for the child, or the surviving parent abused, surrendered, abandoned, or persistently neglected his or her child and the grandparents raised and supported the child.

What Is an Order of Protection?

Family courts can issue orders of protection to prevent immediate family members or intimate partners from engaging in domestic violence. These orders impose severe restrictions on the party found to have committed a family offense and may limit contact with the victim.

Modifying a prior order from a divorce or family court in New York involves a legal process that requires demonstrating a change in circumstances since the original order was issued. The Law Office of Laurence S. Margolin represents parties who request and oppose motions to modify.

Enforcement Proceedings

In New York Family Court, enforcement proceedings refer to the legal processes used to ensure that a party complies with a court order related to child support, custody, parenting time, or other family-related matters. When one party fails to follow a family court order, the other party can initiate enforcement proceedings to seek legal remedies and compel compliance.

Whether you need to initiate a family court proceeding or one has been filed against you, it is advisable that you retain a knowledgeable family attorney. The Law Office of Laurence S. Margolin can help you understand the process, gather necessary evidence, and represent you in court to increase the likelihood of a successful modification.

What to Expect When Working with a Garden City Family Law Attorney

If you have never retained a family law firm, you might have questions about the process. We want to be as transparent as possible about what you should expect:

1. Initial Consultation: During the first meeting with us, you will be asked to provide basic information (e.g. the names of the other parent and children, the addresses of both parents, etc). Based on the type of proceeding, we will ask you questions about your family court case so we can better understand the facts and issues involved.
2. Court Filings: If a lawsuit has not yet commenced, we will begin drafting the necessary paperwork to initiate it. Conversely, if you are the one who is sued, we will prepare a response for you. We will make sure that all court papers are filed and served in accordance with the applicable rules and deadlines — something a lot of people miss!
3. Opening Discussions With Opposing Counsel: At about the same time, we will reach out to the attorney who represents the opposing parent (or the opposing parent if he or she has no lawyer). We will discuss the issues at stake and determine the likelihood of reaching an amicable resolution.
4. Conducting And Responding To Discovery: Discovery is the process by which parties to a civil lawsuit request and exchange information and documents related to the underlying issues. Family court is generally more streamlined than other courts, however. The rules surrounding discovery are more limited, and discovery is not automatically available in every such case.
5. Mediation And Ongoing Negotiations: At some point, you may want to attend mediation to try to amicably resolve your matter. We can represent you during this process to ensure your rights and interests are protected.
6. Hearings And Other Court Proceedings: If the family dispute cannot be resolved, then you will need hearings and other proceedings. We understand how to use the rules of evidence, civil procedure, and other elements for your benefit during trial.

Why You Should Work With the Law Office of Laurence S. Margolin

We can bring the following to bear in your case:

• Understanding the Law: Family Court involves intricate legal principles, statutes, and case law that a layperson may not fully understand. We know how to interpret and apply the law, ensuring that legal arguments and motions are framed correctly.
• Knowledge of Court Rules: In addition to family law statutes, Family Court has specific rules and procedures that the parties must follow. These include the rules of evidence, rules of civil procedure, discovery rules, local court rules, filing deadlines, and how to prepare motions, stipulations, and proposed orders.
• Navigating Legal Forms: There are many forms involved in New York family court, and understanding which form to use and how to complete them correctly is crucial. Mistakes in paperwork could result in delays or even rejection of a case.
• Negotiating On Your Behalf and Appearing In Court: Many family law cases are settled through negotiation or mediation before going to trial. A parent who represents themselves may not have the negotiation skills necessary to secure a favorable outcome, especially if the other party in the case is represented by an experienced lawyer. We can help you understand your rights, evaluate offers, and negotiate a fair agreement, whether it is child support, custody, or parenting time.
• Access To Legal Research and Resources: Attorneys have access to legal databases, resources, and research tools that non-attorneys typically do not. They can quickly access statutes and precedents that apply to a specific case and can provide guidance based on this information.
• Representing You In Mediation: Some family court cases are able to settle in mediation, which can save significant time, money, and stress. Having an attorney with you during mediation will help you better understand the legal consequences of settlement offers and weigh the benefits of settling versus the risks of taking your case to trial.
• Trying Your Case In Court: If negotiation and mediation fail, your case will proceed to trial. The Law Office of Laurence S. Margolin will advocate for the best possible outcome by presenting evidence, questioning witnesses, and, when necessary, bringing in expert witnesses with specialized knowledge to support your case.

Garden City Family Lawyer: FAQs

What Should I Look For When Choosing the Best Family Lawyer Near Me?

You will want a family lawyer with relevant experience, a good reputation in the legal community, and a commitment to serving your best interests. However, we also believe that the best endorsement is a satisfied client. While each case is different and past results do not guarantee future results, we invite you to learn more about how our firm has served previous clients. We have worked hard to earn the trust of many Long Island family law clients and would be honored to have the chance to earn yours as well.

How Much Does a Family Lawyer Cost?

The cost of your case depends on the type of petition filed and its complexity. A straightforward child support petition may be resolved quickly if both parents file financial disclosures and agree to the order. Contested cases, like child custody disputes, take longer and cost more, often requiring multiple court appearances, hearings, and expert evaluations.

How Long Does a Family Law Case Take?

Generally, cases settle faster and cost less when parents minimize court involvement. Our firm prioritizes efficient, cost-effective resolutions and works strategically to help clients reach favorable outcomes as quickly as possible.

Get in Touch With A Garden City Family Lawyer Today

With over 35 years of experience serving Long Island, the Law Office of Laurence S. Margolin has the knowledge and dedication to guide you through your New York family court case. Whether you are ready to take the next step or just need answers, we’re here to help. Contact us today to schedule your consultation at our Garden City office.