Family Law Attorneys Buffalo NY
Having a family could be the most wonderful and fulfilling part of a person’s life. However, families sometimes break up, and when they do, it usually involves the courts and can become contentious. If this happens, you’ll likely need the services of an experienced attorney.
Regardless of where you are in your family life, the family law attorneys at Cole, Sorrentino, Hurley, Hewner, & Gambino, P.C., can help you with a variety of family related legal issues.
Have you found yourself caught in the emotional and financial issues of a painful divorce or separation? Perhaps you were never married but have concerns about custody or child support. We can help you navigate through these issues.
Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., handles every aspect of family law: divorce, separation, support, visitation, and custody in the trial and appellate courts of New York.
We strive to bring you a prompt resolution to your legal matters so that you can move forward and leave your worries behind.
You can contact our family law attorneys online or by phone. Call or e-mail us to arrange your initial consultation.
Couples sometimes grow apart and marriages end. When they do, the court system must get involved in order to grant a divorce. Often the court system will help the couple figure out how to separate the various aspects of the life they created together, such as property, child custody, and finances. While a family law attorney is not always required to get a divorce, a spouse contemplating divorce should consult with a New York family law attorney to discuss the wide array of legal rights and options available to them.
Spousal support, (officially called maintenance in New York, but sometimes referred to as alimony) is the financial support a ex-spouse making less income receives from the ex-spouse making more income. These payments can take place during the divorce, as well as after the divorce is finalized.
Child support refers to the financial obligation of the noncustodial parent toward raising a child. This comes in the form of regular payments to the custodial parent. New York has a law called the Child Support Standards Act, which sets forth a specific formula for calculating the base child support obligation. However, this base amount is subject to adjustment, depending on specific facts of the case.
When couples divorce, they usually end up living in different locations. This makes child rearing much more difficult. Even though they may both have a say in how the child should be raised, the fact remains that the child can only live with one parent at a time. In other situations, only one parent may be legally permitted to make important decisions about the child even though the child will spend a large amount of time living with each parent. New York State courts will always work to put the child’s interests first in any custody decisions.
In certain situations, the court may grant one parent sole physical custody of a child following a divorce. Except in cases of domestic violence or other extreme circumstances, the court also grants visitation rights to the noncustodial parent. Parents decide the visitation schedule, but in situations when that’s not possible, the court will make the visitation schedule based on what it deems to be in the best interest of the child.
Marital Property Division
New York provides for equitable distribution of marital property during a divorce. The key word here is ‘equitable,’ which means a court does not divide all relevant assets equally. Instead, it will divide assets as equitably as possible so that each spouse gets what the court believes is the most fair. A court will look at the contributions each spouse made to the marital property and what each spouse may have given up during the marriage.
Prenuptial and Postnuptial Agreements
The purpose of prenuptial or postnuptial agreements is to allow couples to decide for themselves how their property will be divided during divorce or upon the death of one of the spouses. Couples and their attorneys must take steps to ensure prenuptial and postnuptial agreements are enforceable. For example, if the agreement is very unfair or entered into under duress, a court may invalidate it.
Besides the fact that every child deserves to know who his or her father is, establishing paternity in New York is important: it provides for a variety of rights and responsibilities for the legal father, such as child support, visitation rights, the right to make certain decisions about the child’s life, and the right to notification about things like medical events. Unfortunately, determining paternity is not as simple as taking a DNA test, as there are other factors a court must consider before establishing paternity.
New York provides for two ways in which a family may adopt: private placement or agency adoption. Private placement occurs between the birth and adoptive family and doesn’t require government involvement except for court approvals. In an agency adoption, a private or social services agency will facilitate and oversee the adoption process. Regardless of the method, the adopting parents, biological parents, and any agency involved must observe certain steps, such as seeking certification from the court, terminating the parental rights of the birth parents, and gaining final court approval.
Cole, Sorrentino, Hurley, Hewner, & Gambino, P.C., Can Help You with Your Family Law Questions
As experienced family law attorneys, we understand what you are going through. As family law issues pile up, the future looks uncertain and you may feel intimidated by the legal process. Our attorneys can guide you through this process and help develop a strategy that meets your and your family’s goals.
Family Law Attorney Donna L. Haslinger and Michael F. Barrett place special focus on family law. They operate as attorneys sensitive to your every concern, and treat each delicate situation with the utmost compassion and discretion.
Contact Our Dedicated Buffalo Family Law Attorneys
Contact Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., online or at the number above to arrange your initial consultation with one of our family law attorneys. We welcome the opportunity to serve you. We offer flexible appointments in our main office in Buffalo or one of our satellite offices in Batavia, Hamburg, Cheektowaga, and Niagara Falls.