Each and every year, the Queens Family Court handles thousands of divorce cases. These range from more simple proceedings in which the parties are able to reach settlement agreements to complex, highly contested cases.
The reality is that a person involved in what appears to be a relative simple divorce should give serious consideration to seeking legal representation. Time and again, a divorce proceeding that starts off “uncontested” turns into what legitimately can be described as an “all out brawl.”
Child custody issues truly do represent emotionally challenging and legally complicated matters. Legal representation is wise in order for a parent to be able to effectively maneuver through this type of Queens Family Court matter.
Issues involving child custody in New York are decided based on a consideration of what is in the best interests of a child. This requires the Family Court to review a variety of issues and factors. For example, the Family Court will examine the physical and mental health of the parents and the child in making a custody determination.
Other factors considered by the court can include the living situation of the parents. In addition, the court is likely to examine which parent is most likely to encourage regular parenting time if he or she is awarded primary physical custody of a child.
New York law divides custody into two components. These are legal and physical or residential custody. Legal custody is the ability to make major life decisions on behalf of a child. These include issues involving matters like religion, education, and medical care and treatment.
Physical custody involves the ability of a parent to maintain a residence for the child. The noncustodial parent is entitled to parenting time or visitation. Generally speaking, visitation is to occur on a routine and regular basis.
Paternity cases can arise in the Queens Family Court in one of three different ways. The mother of a child can bring a case to make the biological father of a child legally responsible for that minor. A man who believes he is the biological father of a child can bring a case to exert his parental rights. Finally, the state of New York can bring a paternity case in Queens Family Court to determine paternity. This occurs when the state is providing financial support to the mother or the child.
Hire Queens Family Law Lawyers
If you face the prospect of a divorce, paternity, child custody, or some other type of family law case, you need to seriously consider retaining the services of a Queens family law attorney. You begin the process of hiring a lawyer by scheduling an initial consultation with an attorney. These types of appointments are easy to schedule and can be arranged at your convenience.
During an initial consult, a Queens family law lawyer provides an overview and evaluation of your legal issue. The attorney will provide answers to your questions. Generally speaking, Queens family law lawyers do not charge a fee for initial consultations with prospective clients. As an aside, you best protect your legal interests by seeking legal help in a proactive manner, and not waiting until you are in the midst of litigation.