Disputes within the family are emotionally draining, especially when a child is involved. We work hard to ensure that all parties are treated fairly and the best interests of the child are the focus of all negotiations. Our family law experts work with parents across the Tri-State area to reach helpful solutions for families.
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Even if you can't see eye to eye with your former partner, it is important that your child is protected from disagreements. Seeing a child stuck in the middle of a custody battle is something no parent - or attorney - wants. If you seek counsel soon, it is more likely that you and your former spouse can make these arrangements amicably out of court, through your attorneys.
Regardless of the feelings of hurt, you need to make decisions on parenting. Where will the child live? What if one parent wants to move to another state? Hiring the right family lawyer is important to ensure that your child's best interests are protected and an effective co-parenting arrangement is set up.
At this time, you will encounter legal jargon. This can differ from state to state, but your attorney at Cabanillas & Associates will explain everything to you. It is likely that you will come across the following terms, whether you come to an agreement in or out of court:
Physical custody - where the child lives. Sometimes known as residential custody.
Legal custody - which parent has legal authority to make decisions on the child's education, medical and religious matters.
Joint custody - this gives both parents equal powers of decision-making. It means joint legal custody, not joint physical custody. If agreement cannot be reached, the court will decide.
Forensic evaluation - this is an evaluation made by a mental health professional about the ability of the adult to parent. Each parent will be interviewed. The psychologist does not act as an advocate for either parent and will base their assessment on a series of interviews and tests. Typically there will be an observation session of each parent with the child, psychological testing, and gathering of information from sources such as teachers and employers. We understand that these interviews can be daunting, but our Family Law team will advise you about every aspect so that you know what to expect.
If your or your children's safety is at risk because of your former partner, contact our Family Law attorney now to file a protective order. This will protect you by directing them to stay away from you and your children, move out of your home, adhere to custody arrangements, pay child support, and not have a gun. There are many ways that a protective order can protect you from abuse.
Our compassionate family law team is here to ensure that you get the support you need. It is also possible to ask the judge to terminate your rental agreement with your landlord without financial penalty, in order to ensure that you and your children remain safe. Your attorney will advise you if your case meet these requirements.
In New York, under the Child Support Standards Act (CSSA), the non-custodial parent usually pays for the support, maintenance and education of the children. Child support is typically calculated based on income, and is paid to the custodial parent. Our team will educate you on everything involved in determining and paying child support, and we’ll help you reach a child support agreement with your spouse that is fair to you.