Long Island, NY Family Law Attorney, Family Court Attorney

Child Custody and Visitation

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 Support

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.

Domestic Violence Cases & Orders of Protection

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.

Paternity Cases

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.

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