Legal issues involving family are among the most complicated and contentious. Whether you’re undergoing a separation due to domestic violence, struggling with an ex-spouse to gain child custody through the family court system, or trying to work out an agreement over spousal maintenance, a competent New York family lawyer will be your greatest asset during the process.
If you’re looking for an experienced, professional, and friendly attorney for any area of family law, choosing a firm that knows how to navigate the local court system and that understands your state’s laws is vital to ensuring success. Legal requirements regarding family law are state-specific and must be adhered to in order to finalize any legal proceedings. This is especially true under difficult or strained circumstances, such as child custody arrangements or the amount of spousal support required by individuals with a high net worth.
Choosing David Carr & Associates provides you with access to dedicated legal professionals and family lawyers with years of collective experience in all areas of family law. We understand the New York State family court system inside and out, and we are equipped with the knowledge to help you achieve the best results possible in any family-based legal court case. We’ve counseled numerous clients, providing expert insight and personalized support for divorce and family law services.
At David Carr & Associates, we guide our clients through every aspect of family-based law. Thanks to our years of experience representing clients involved in the many different circumstances that make up the area of family law as a whole, we are well-equipped to help almost any potential client. It may seem that family law only applies to individuals that are married, divorced, or separating; but in fact, the term refers to parents of children in all kinds of situations, from those who are divorced or divorcing to those who had a child as the result of a shorter relationship or other circumstances.
How do you know if a family law lawyer is right for you? Many situations require the assistance of an expert in family law cases, including, but not limited to:
Each state has specific laws when it comes to divorce, and New York is no exception. In New York State, there are currently seven different grounds for divorce: irretrievable breakdown of the relationship for at least six months; cruel and inhuman treatment; abandonment; imprisonment; adultery; divorce after a legal separation; and divorce after a judgment of separation. The first—irretrievable breakdown of the relationship—is also known as “no-fault” divorce and does not require the burden of proving that your spouse committed a fault action that led to the dissolution of your marriage.
In researching divorce options, you may have also come across the words “uncontested” and “contested.” An uncontested divorce occurs when both parties come to a mutual agreement on major issues, including child custody and support, spousal support, division of property and assets, and division of debts. A contested divorce, on the other hand, occurs when the divorcing spouses disagree on any of the issues above.
If you are considering filing for divorce or if your spouse has served you with divorce papers, then you need a highly-trained divorce lawyer on your side. Unfortunately, it’s never as simple as simply signing the papers. Even the most seemingly cut-and-dry divorces still require mountains of paperwork that must be properly completed and filed. If you anticipate a contested divorce and disagreements on child custody, spousal support, or any family law matters in between, then it is even more imperative to have an expert on your side. David Carr & Associates, lawyers in Buffalo, and the 5 Burroughs of New York City and Westchester will be with you every step of the way and will fight to get the outcome you deserve.
At the heart of every child custody ruling is the court’s role in making a decision that serves the best interests of the child. The Family Court Judge will scrutinize many factors including, but not limited to: which parent has served as the primary caregiver, the health of each parent (both mental and physical), the ability of each parent to provide for the child’s needs, work schedules, and relationships with siblings and other family members. Depending on the age of the child, a judge may even consider the child’s custody preference. We are well-versed in all areas of New York family law and will guide you towards your goal of achieving sole or joint custody of your child.
Once custody has been determined, there is also the question of visitation and access. For the non-custodial parent, visitation or access (also referred to as “parenting time”) is the part of the custody agreement that mandates when you are legally allowed to spend time with your child. If you are the non-custodial parent, we will help you work out a fair and consistent visitation or access schedule that will allow you to maintain a healthy relationship with your child. If you already have an agreement in place, but you need help petitioning the amount of child support you pay or reconfiguring your current child visitation arrangements, our team is here for you.
From full-time custody to weekend visits to holidays and religious celebrations, having a plan in place is necessary, David Carr & Associates will provide that service.
Another complicated element of family law is the determination of adequate child support and spousal support. The question of financial support is particularly problematic when it comes to high net worth couples or spouses with a history of unequal financial contributions. New York State has specific formulas for base child support and base spousal support amounts which factor in the number of children, how long the marriage lasted, the incomes of both spouses, and more. The Judge may recommend a higher payment based on additional factors such as the cost of childcare or health care.
With the assistance of a professional family law lawyer, it is possible to strike a balance between maintaining your lifestyle and providing the financial support to which your child and ex-spouse are legally obligated.
Another vital element of family law in New York is the determination of a child’s paternity, which is necessary to impose a child support order. David Carr & Associates can help you navigate the legal and ethical requirements to acquire evidence. From DNA testing to birth certificates and other admissible documents, we act as paternity lawyers to ensure both your rights and the rights of the child in question are upheld at all times. Whether as part of an ongoing court case or as an isolated need, we support fathers or potential fathers seeking legal paternity results.
As experts in all areas of divorce and family law, David Carr & Associates is the best choice for your legal needs. We’re equipped with up-to-date knowledge and insight regarding family law matters in New York State and will work hard to make this challenging process as easy as possible for you and your family. With offices conveniently located in all of the New York City Burroughs, Westchester and Buffalo, NY, we work with clients across the state.
Whether you have questions about anticipated divorce proceedings or are seeking counsel on the child custody process, contact David Carr & Associates today for a free consultation with a trusted family law attorney.