At Hornberger Verbitsky, P.C. our Long Island, NY family law attorneys handle complex and emotional issues that require a thoughtful and practiced hand to navigate and resolve. The experienced and compassionate family law attorneys at Hornberger Verbitsky, P.C., work to ease the stressful emotional burden of child support, child custody, divorce and other legal issues for families throughout Long Island, NY. We take pride in lightening the emotional load of our clients’ by advocating for their and their children’s rights.
We have a great deal of experience representing and helping people just like you through the many often complex areas of family law in Nassau County and Suffolk County Family Court. Our compassionate and understanding team of family law attorneys recognizes the emotional nature of Family Court matters and are ready to help to take some of the burden off you as we resolve your case for you with the least amount of stress, strain and expense on you and your family.
The Family Courts on Long Island, NY have extensive jurisdiction over all domestic matters.The Family Law Courts in Nassau County and Suffolk County have the authority to make legal decisions on cases involving Abuse and Neglect (Child Protective Proceedings), Adoption, Child Custody and Visitation, Domestic Violence, Foster Care, Guardianship, Juvenile Delinquency, Paternity, Persons in Need of Supervision (PINS) and Child Support and Spousal Support.
Here’s an overview of the most common Family Law legal problems families on Long Island, NY face and how our experienced and compassionate family law attorneys can help you navigate the challenges ahead for the best possible outcome for you and your family.
The phrase “family law” is often thrown around to describe many aspects of marital law handled in a family court. Strictly speaking, family law is a legal practice area that involves family relationships. This manifests itself mostly as child custody and visitation, child support, paternity, orders of protection, and cases involving Child Protective Services (CPS), among many other issues.
Child custody refers to a parent’s legal right to be in charge of his or her child’s upbringing. According to New York state law, both biological parents have the legal right to request custody and visitation of their children during pending divorce proceedings. If you are not awarded custody, you may still be entitled to visitation with your children.
These cases are some of the most prevalent and contested kinds of family court matters. Most parents going through a divorce or separation want to keep as much contact with their children as possible so they often want physical custody of their children. To make a decision, courts consider what is in the best interests of your child considering your unique circumstances. Each case is extremely different and there is really no blanket rule. There is no legal presumption for one parent over the other. The court will only look at the facts and circumstances of your particular situation and attempt to determine what is in your child’s best interest.
In order to receive full custody of your child, a court must determine that this would be in the best interest of your child. An attorney can help you negotiate with your spouse and potentially reach an amicable resolution.
CHILD CUSTODY LAWS
CHILD CUSTODY CHALLENGES
Child support is an ongoing financial obligation placed upon the non-custodial parent to the custodial parent that they must pay each month. Courts use a strict formula based on the Child Support Standards Act to determine how much the non-custodial parent will pay.
Generally, this is a percentage of how much the parent earns that increases based upon how many children the parent has. But if you and the other parent are on the same page about child support, you can submit your own agreement to the court and that will become legally binding.
For most separated families with children, regular child support payments are absolutely critical in order to survive. If you are supporting your children primarily by yourself, there is no reason that you should carry the financial burden alone. The attorneys at Hornberger Verbitsky, P.C. have zealously advocated and helped countless clients and their children ensure they are taken care of financially and can do the same for you.
Family Court Order Modification
Once a divorce is final, the orders within it are legally binding. This means things like child custody, visitation schedules, child support, spousal support, or even property division cannot be modified by the parties without a court order. In other words, if, for example, someone paying child support suddenly sees their income decline, they cannot simply decide to stop or pay less support because they feel they cannot afford it. They must go back to court to have the original order modified.
It may be necessary to modify a family court order when the circumstances of one or both parties involved undergo significant changes. These modifications can relate to various aspects such as child custody, visitation schedules, child support, spousal support, or even property division.
The most common reasons for modification include changes in income, relocation, health issues, or alterations in the needs of the children. Requesting a modification involves filing a petition with the family court and providing evidence to support the substantial change in circumstances. If you have children, the court will base their decision to modify or not in the child’s best interests.
Regrettably, domestic violence is a problem that runs rampant across Long Island, NY. Domestic violence is characterized by a pattern of abusive behaviors by one partner against another or one partner against children.
An abusive spouse or partner may manifest his or her anger in the form of physical aggression, assault, threats, sexual abuse, emotional abuse, stalking, controlling behavior, or economic deprivation.
No one wants their children to grow up in such an environment. The attorneys at Hornberger Verbitsky, P.C. work tirelessly to make sure that you and your children are protected from this pattern of abuse. We have successfully advocated for countless clients in the same or a similar situation, and will do the same for you.
An Order of Protection is a court order that will require one party to stay away from the other, or, to refrain from engaging in certain activity directed toward the other. An Order of Protection may also contain additional instructions that the abuser must follow, such as refraining from all contact or refraining from harassment or abusive behavior. If an abuser violates the Order of Protection and the victim calls the police, the abuser can be arrested and put in jail for the violation.
If authorities like Child Protective Services (CPS) are involved, our attorneys can guide you through the process of dealing with agents and advocating for your family’s rights. CPS cases are typically initiated to determine whether the child is or may be in danger of abuse or neglect.
If a suspicion of such danger is reported, CPS will investigate the situation by meeting with the child or children and family, including, possibly, visiting the home to see the child’s environment. If the allegations are founded, a formal investigation will be opened.
These cases can be very complex and include a lot of players, including yourself and the child’s other parent, an attorney, a guardian ad litem, and other authorities. Don’t take a CPS report lightly – your child may be at serious risk of being placed into the foster care system or released into the care of a family member.
CHILD PROTECTIVE SERVICES
Paternity refers to the legal acknowledgment or establishment of a man as the biological father of a child. Establishing paternity is necessary in many family legal cases to determine parental rights, responsibilities, and obligations.
Usually, this is through DNA testing, either voluntarily or involuntarily through a court order. Once paternity is established, it can affect other family law issues like child custody, visitation, and child support. Knowing one’s parentage is also important for the child’s identity, medical history, and potential inheritance rights.
Contact Experienced Long Island, NY Family Law Lawyers
The Family Law lawyers at Hornberger Verbitsky, P.C., Attorneys and Counselors at Law have successfully represented all types Family Court matters throughout the State of New York including Suffolk, Nassau, Queens, Kings, New York and Bronx Counties. Your case assignment is dependent upon the geographical location of the parties. For example, if all parties to a case reside in Nassau County, your cases will be heard in Nassau County Family Court. The same holds true for Suffolk County, Queens County, Kings County, etc.
Family legal cases are almost always sensitive in nature, so it’s important to get the advice and guidance of a qualified Long Island, NY divorce lawyer as soon as you can. The best interests of your children and the future of your family are at stake. The experienced and compassionate Long Island, NY Family Law attorneys at the law firm of Hornberger Verbitsky, P.C. in Commack, NY, successfully represent families like yours throughout Nassau County and Suffolk Countyevery day. We’re ready to help you achieve a successful resolution to your case in the least stressful and most expedient manner possible. Contact us today for a complimentary consultation at 631-910-1910 or fill out the short form on this page and a Long Island, NY family law attorney will get right back to you.
I would like to say that Christine and Robert have gone above and beyond what they said they would do for me. My case is not over yet and I have to say that I am extremely satisfied with all of their support and the way they have handled my case. They have kept me informed of everything taking place and always take out the time to respond to my phone calls or emails. Due to the nature of my custody battle, they are always very sensitive to my feelings and look out for my best interest. They have also advised me on what to do in order to not go beyond my budget. They do not treat me as a dollar sign but as a person in desperate need of their professional help.
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