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What Kind of Cases Fall Under Family Court Law?

Child Custody, Visitation, Support, Paternity, Protection Orders, CPS, etc.
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The phrase “family law” is often thrown around to describe many aspects of marital law handled in 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. The most common cases we see in our office are outlined here.

 

Child Custody and Visitation

Cases concerning Child Custody and Visitation are the most prevalent type of family court matters. In both your Long Island Divorce and your Family Court case, the “Best Interest of the Child” standard will control your situation. What this means is that the court will determine what is in the best interest of your child with respect to custody and visitation. Each Child Custody and Visitation 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 to the facts and circumstances of your particular situation and attempt to determine what is in your child’s best interest.

 

Child Support

Child Support in New York State is governed by the Child Support Standards Act. This Act sets forth a very strict formula that the Court uses to determine a Child Support Obligation. Once a Child Support Obligation has been determined, there are only 3 situations in which a Court will allow a modification:

#1. A substantial change in circumstance

#2 3 years have passed since the original Order was entered, last modified or adjusted

#3. There has been a change in either party’s gross income by 15% or more since the original Order was entered, last modified or adjusted.

 

Paternity

When Paternity is established, the father will be responsible, both legally and financially, for a child. The father will also be entitled to parenting time and, possibly, custody of the child or children. There are multiple ways to establish paternity in New York, with the most common 3 being:

#1. Marital Presumption

#2. Acknowledgement of Paternity

#3. Court Petition.

In all situations, the most important consideration will be the best interest of the child.

 

Orders of Protection

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 at the other.  The 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.

 

Child Protective Services cases

Child Protective Services (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. CPS cases can be very complex and include a lot of players, such as yourself and the child’s other parent, a County Attorney, the Attorney for your child and the State Agency that filed the allegations, i.e. CPS. Such cases encounter further complications if a parent is dependent upon drugs and/or alcohol. CPS cases are not something to be taken lightly, as a child may be placed into the foster care system or released into the care of a family member.

 

Family Court Law Cases Require the Expertise of an Experienced Long Island Attorney

Along with these few categories, Family Law encompasses a very large array of situations that deal with your family. Because of the sensitive nature of almost all Family Law cases, it is very important that you seek the advice of an experienced Long Island Family Law attorney as soon as possible. Contact us at 631-923-1910.

 

Links to More Information About Family Court:

What types of cases that are related to divorce can be heard in Family Court?

Learn what cases are heard in Family Courts in Nassau County and Suffolk County on Long Island, NY. For more information, contact us at 631-923-1910.

Family Court Lawyer | Long Island Family Treatment Court

Substance abuse can result in a charge of neglect against a parent in family court. Contact us at 631-923-1910 before agreeing to Family Treatment Court.

Long Island Family Law Attorney | Social Security Spousal Benefit

Long Island Family Law Attorney Robert E. Hornberger, Esq., explains how the Social Security Spousal Benefit works in Nassau & Suffolk.

More Youths to Be Tried in Family Court on Long Island

Until Gov. Cuomo signed Raise the Age into law, New York was one of two states (NC being the other hold-out) to treat 16 and 17 year olds as adults in the criminal justice system.

Family Law Attorney, Long Island, NY Protects You & Your Children

The caring attorneys at Hornberger Verbitsky, P.C. help ease the emotional burden of families by successfully representing them in Family Court.

https://divorce-longisland.com/nassau-county-ny/family-law-lawyer/

Family Law Lawyer Nassau County, Robert E. Hornberger Esq.         

Robert E Hornberger PC is a family law attorney providing affordable representation throughout serving Nassau County, Long Island. Free consultation.

Divorce Lawyer Suffolk County, Divorce Attorney Suffolk County

Robert E Hornberger, Esq., PC provides affordable representation and free consultations as a divorce attorney in Suffolk County & throughout Long Island.

 

“Robert has represented me twice in actions regarding child support and custody. He did a fantastic job in both instances. He is very professional, organized and detail oriented. He was easily accessible whenever I needed to speak with him and responded to emails quickly (even on weekends). I felt that he was absolutely honest and fair in his billing – not like many attorneys you see out there who charge you every time your name is mentioned in their office! He is a skilled negotiator (especially against a crafty ex-husband), honest, personable and truly cares about his clients and what is in their best interests. I do not hesitate to highly recommend!”

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Elizabeth Martin
Elizabeth Martin
21:06 25 Jan 22
The team at Hornberger Verbitsky made me feel at ease after I retained them after a 3 year contested divorce process. I like their approach with how they educate you on ways to get the best outcome in your divorce. Mr. Hornberger made me feel heard and was compassionate to my case while also being aggressive in the courtroom to help me get the most positive outcome. He prevented my case from having to go to trial and he closed the deal in my long drawn out emotional divorce. I was happy that I retained him and would recommend him to anyone that is going through a high conflict divorce.
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Elizabeth Martin
Elizabeth Martin
21:06 25 Jan 22
The team at Hornberger Verbitsky made me feel at ease after I retained them after a 3 year contested divorce process. I... like their approach with how they educate you on ways to get the best outcome in your divorce. Mr. Hornberger made me feel heard and was compassionate to my case while also being aggressive in the courtroom to help me get the most positive outcome. He prevented my case from having to go to trial and he closed the deal in my long drawn out emotional divorce. I was happy that I retained him and would recommend him to anyone that is going through a high conflict divorce.read more
rrezarta lekaj
rrezarta lekaj
20:47 24 Nov 21
Christine is truly the best there is. She is beyond professional, personable, genuine, extremely trusting, and has made... such a stressful and emotional time for my family and I easier to get through. Thank you so much from the bottom of my heart for your guidance, your support, and being there every step of the way. I would highly recommend Hornberger Verbitsky, P.C. to anyone that is in need for legal advice - you will be in the best hands.read more
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Rob and Christine are the very best out there!I can not say enough about them. They both have helped me so much in... different matters throughout the last several years . They have gone over and beyond!I highly recommend this law firm !read more
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I called to make an appointment for a consultation to discuss a mediated divorce, the office was fantastic with getting... me a prompt appointment. When going in all my questions were asked and I left feeling comfortable in my decision to move forward in using the Hornberger/Verbitsky office. Despite a pandemic going on the office still worked diligently to get my papers filed and my divorce complete in a timely manner. Highly recommend!read more
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Hornberger Verbitsky, P.C were phenomenal in every way. Robert was very genuine, patient and professional. Walking in,... I had no idea what to expect but he went above and beyond to explain the entire process thoroughly. He guided and informed me of my rights. Patty was amazing, she answered every question I had no matter how many times I called, she was very understanding. I highly recommend Hornberger Verbitsky, P.C. Even if its just for questions on how to navigate this process.read more
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Angela Thearle
00:21 07 Aug 21
Hornberger law was the best choice I made when I needed to go to family court with my ex for custody of my children.... They were there at any time when I neeeded them. Going through a custody battle can be a huge emotional rollercoaster and very painful. They helped me through it and made it less painful and heartbreaking. And I got the outcome plus more than I expectedread more
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Anastasia R
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A Google User
A Google User
15:42 16 Sep 20
I hired Robert to handle a child custody and child support matter. He was prompt and professional and was able to... achieve a result that 3 prior attorneys could not. He and his staff made a stressful situation easy. I highly recommend his office.read more
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Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working... with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.read more
Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my... consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!read more
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Rob Spielmann
22:15 27 Feb 20
They made our process so easy. They were there to answer and help with any questions that came up. Very friendly
Ashley Hubner
Ashley Hubner
20:30 14 Feb 20
Navigating my divorce was a challenging experience to say the least, but I was supported and guided every step of the... way by my attorney, Robert. With the daunting task of hiring a divorce lawyer, I knew I would need someone with the right combination of knowledge, compassion and integrity. Robert has a strong background in family law, sincere character and direct communication to be superior to the others. He and his staff were professional and caring. I always felt I was in good hands. I highly recommend the Law Offices Hornberger and Verbitsky for the legal expertise, compassion and understanding of the many complex facets associated with divorce.read more
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Thomas Livingston
21:31 26 Jan 20
Robert and Christine are the epitome of professionalism. They helped us with the purchase of our new home. They were... efficient, dedicated, and focused on making our closing as seamless as possible.read more
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Sheila Vasata
23:35 14 Jan 20
Robert Hornberger has been a friend of mine and my family for years. He has helped us all in ways that are too... numerable to mention. I went through a divorce that I don’t think I could’ve done if I didn’t have Robert by my side. He is vivacious, motivated, knowledgeable, and has an extreme desire to succeed and excel...and he does! He goes over and above for all of his clientele. I would recommend his law firm to anybody who is looking for a Great Lawyer with integrity!read more
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