• Don’t Let Yourself be Taken Advantage Of
• How to Get Full Custody of Your Children
• Ensure Your Spouse Supports Your Children
• Ensure You See & Maintain Your Relationship with Your Children
• Has Your Financial Situation Changed? You May Be Able to Modify Your Support Agreement
• Protect Your Children from a Physically or Emotionally Abusive Spouse

Issues being brought before the Family Courts on Long Island, in Nassau County and Suffolk County, NY are often very complex and emotional. They require a thoughtful and experienced hand to navigate and resolve. The Family Law Attorneys at Hornberger Verbitsky, P.C. are proud of our record of easing the stressful emotional burden of families throughout Long Island, NY by successfully representing them in their Family Court cases. We take pride in lightening the emotional load of our clients’ by advocating for their and their children’s rights.

The phrase “family law” is often thrown around to describe many aspects of marital law handled in Family Court in Nassau County and Suffolk County on Long Island, NY. 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. Below, we describe some of the Family Law cases we regularly represent our clients in Nassau County and Suffolk County Family Courts.

• Child Custody and Visitation
• Child Support
• Domestic Violence
• Orders of Protection
• Child Protective Services
• Paternity

Child Custody and Visitation

Child Custody is a parent’s legal right to be in charge of his or her child’s upbringing. Both 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.

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 and the resolution of your case. 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.

Receive Full Custody of Your Children

In order to receive Full Custody of your child, the courts must determine that this would be in the best interest of your child. The family law attorneys at Hornberger Verbitsky, PC, typically attempt to negotiate with your spouse and reach an amicable conclusion to your matter. However, if the State or County is involved, we will work with you to guide you through the processes necessary to getting Full Custody. We have worked with countless clients in gaining, and keeping, Full Custody of their children.

Child Support

Ensure Your Spouse Supports Your Children

Child Support is an ongoing obligation placed upon the non-custodial parent (the parent who does not have residential custody of the children) that the State requires that parent to meet each month. The family law attorneys at Hornberger Verbitsky, P.C. have years of experience helping clients like you resolve issues of Child Support. Our attorneys are well versed in the Child Support Standards Act, which governs New York State Child Support cases and we will use that experience to assist you.

Based upon the Child Support Standards Act, there is a very strict formula the Courts use to determine the noncustodial parent’s Child Support obligation of the non-custodial parent. You are, however, free to agree upon a child support agreement outside of the Court formula.

Having an experienced Family Law Attorney assist you in determining a Child Support Agreement is invaluable to your children’s needs. For most families, regular Child Support Payments are absolutely critical in order to live and survive on Long Island. There is no reason that you should carry that burden by yourself. We have zealously advocated and helped countless clients and their children to ensure they are taken care of financially.

Want to Modify your Child Support? 

• Are You Entitled to a Child Support Modification?
• Has your financial situation changed since your Child Support Agreement was set?
• Can you no longer afford to pay high Child Support payments?
• Is Your Ex Not Paying His or Her Fair Share?
• We Can Help

As noted above, 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:

By statute, there are three ways to obtain a Child Support Modification.

#1. You can prove a substantial change in circumstance

#2. 3 years have passed since the order was entered, last modified or adjusted

#3. You can prove there has been a change in either party’s gross income by 15% or more since the order was entered, last modified or adjusted.

*It is possible, however, to opt-out of the last two provisions.

In order to assist you in seeking your Child Support Modification, and ensure that you meet the proper standards to seek such a modification, it is important to contact us for a free case evaluation right away. We have helped many clients receive all that they are entitled to in their Upward Modification, and have helped others readjust their obligations in their Downward Modification.

Domestic Violence

Protect Your Children from an Emotionally Abusive Spouse

Regrettably, Domestic Violence is a problem that runs rampant across Long Island. Domestic Violence is 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. We 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.

“Beyond happy with the amazing job Robert did with my family court custody matter. He handled everything professionally and with great ease. Went in uneasy about what was going to happen and Robert made me feel so much better and got me everything I wanted and more. I recommend him to everyone and anyone who is looking for a family court and divorce attorney. Would highly recommend him.”

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. 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.

Child Protective Services

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, including yourself and the child’s other parent, a Nassau or Suffolk 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.

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.

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

To learn more about what you need to know about the Family Court on Long Island, the types of family lawyers and how to get help to protect yourself and your future contact us for a complimentary consultation at 631-910-1910 or fill out the short form on this page and we’ll get right back to you.