New York Family Law Attorney

Cases We Handle

We represent clients in a wide range of family law and matrimonial matters, including divorce, child custody, child visitation, child support, paternity, spousal support and maintenance, orders of protection, domestic violence matters, abuse and neglect proceedings, guardianship, fathers’ rights, and grandparents’ rights.

These cases often involve more than one legal issue at the same time. For example, a divorce proceeding may involve disputes concerning child custody, visitation, equitable distribution, child support, and maintenance. A Family Court case involving domestic violence allegations may also affect custody or parenting time. Because family law matters are often interconnected, it is important to have representation from an experienced New York family lawyer who understands how one issue may impact another.

Paternity

Our attorneys represents clients in New York paternity proceedings. Paternity cases involve the legal establishment of fatherhood and are often the first step in resolving issues involving child custody, child visitation, and child support for parents who were not married when the child was born. These proceedings are governed by Article 5 of the New York Family Court Act and may be brought by either parent or, in some situations, by a government agency.

Paternity may be established in several different ways, including through an acknowledgment of paternity, DNA testing, a court order, or evidence that a person held the child out as his own. Once paternity has been established, the court may then address issues involving custody, visitation, and support. In some cases, paternity is disputed. In others, a person who has acted as a parent for years may later attempt to deny paternity. These situations can become legally and emotionally complicated very quickly.

Our attorneys understand that paternity proceedings often involve highly personal family issues as well as significant legal rights and responsibilities. Our attorneys represent clients seeking to establish paternity, challenge paternity claims, obtain DNA testing, and resolve related family court matters involving children.

Child Custody

Child custody cases involve determining which parent will have legal and physical custody of a child and how major decisions concerning the child’s upbringing will be made. We  handle child custody matters in New York courts. These proceedings may arise during a divorce action, as part of a paternity proceeding, after an existing custody order has already been entered, or between parents who were never married.

Under New York law, custody decisions are based on the “best interests of the child” standard. The court considers many different factors when determining custody, including the stability of each parent’s home environment, prior caregiving responsibilities, the child’s educational and emotional needs, work schedules, domestic violence allegations, and each parent’s willingness to foster the child’s relationship with the other parent.

There are different forms of custody recognized in New York. Sole legal custody generally gives one parent authority to make major decisions involving the child, including matters related to education, medical care, and religion. Joint custody involves shared decision-making between the parents concerning important issues affecting the child’s life. Physical  custody concerns where the child primarily resides on a day-to-day basis.

We represent parents in child custody hearings, modification proceedings, relocation disputes, emergency custody matters, and related visitation proceedings. Custody disputes are often stressful and emotional because the outcome may affect a parent’s relationship with their child for many years. Our family law attorneys in New York work closely with clients to prepare for court proceedings, gather evidence, and protect their parental rights throughout the case.

Child Support

Child support proceedings involve determining the financial obligations of parents for the care and support of their children. We represent both custodial and noncustodial parents in child support matters. These proceedings may arise as part of a divorce action, a paternity proceeding, a custody matter, or a post-judgment modification proceeding.

In New York, child support is generally calculated under the Child Support Standards Act pursuant to Family Court Act § 413. Under the statutory guidelines, child support is typically based on a percentage of the parents’ combined income and the number of children involved. The standard guidelines are generally 17% for one child, 25% for two children, 29% for three children, 31% for four children, and at least 35% for five or more children.

However, child support calculations often involve issues beyond the basic statutory percentages. The court may also consider expenses involving daycare, health insurance, uncovered medical costs, educational expenses, extracurricular activities, and other child-related costs. In some cases, disputes may arise concerning self-employment income, bonuses, commissions, overtime pay, or allegations that a parent is underreporting income or voluntarily unemployed.

We also represent clients in child support establishment proceedings, enforcement proceedings, support modification applications, and disputes involving unpaid support arrears. Because child support orders can significantly affect a family’s financial stability, it is important to have experienced legal representation throughout the proceeding.

Child Visitation

Child visitation, also referred to as parenting time, involves determining when and under what conditions a noncustodial parent will spend time with a child. Our attorneys represent parents in visitation proceedings in both Family Court and Supreme Court. Visitation issues may arise as part of a divorce action, a custody proceeding, a paternity matter, or an application to modify an existing court order.

New York courts generally believe that it is in a child’s best interests to maintain a meaningful relationship with both parents unless there are safety concerns or circumstances that would make visitation inappropriate. While traditional visitation schedules often include alternating weekends, holidays, and vacation time, courts today may approve a wide range of parenting schedules depending on the needs of the child and the circumstances of the parties.

Visitation arrangements may include standard visitation schedules, shared parenting schedules, supervised visitation, therapeutic visitation, or virtual visitation. In some cases, the court may impose restrictions where there are allegations involving domestic violence, substance abuse, neglect, mental health concerns, or unsafe living conditions.

We represent parents in visitation hearings, modification proceedings, enforcement matters, and disputes involving parenting schedules. Our attorneys work closely with clients to develop parenting arrangements that address practical issues such as school schedules, transportation, work obligations, extracurricular activities, and the child’s overall well-being.

Divorce

Divorce actions in New York are handled in the Supreme Court of the State of New York. A divorce is the legal dissolution of a marriage and may involve disputes concerning child custody, visitation, child support, equitable distribution, maintenance, and occupancy of the marital residence. Our experienced family law attorneys represent clients in contested and uncontested divorce proceedings, high-conflict and high net worth divorce matters, and post-judgment divorce proceedings.

Under N.Y. Dom. Rel. Law § 170, New York recognizes both fault and no-fault grounds for divorce. Grounds for divorce may include irretrievable breakdown of the marriage, cruel and inhuman treatment, abandonment, adultery, imprisonment, or separation pursuant to a judgment or written agreement. Most modern divorce cases proceed under the no-fault ground of irretrievable breakdown of the marriage for at least six months.

Divorce proceedings can become highly contested, particularly where children, significant assets, businesses, retirement accounts, or real estate are involved. We represent clients throughout all stages of the divorce process, including settlement negotiations, temporary applications, discovery proceedings, trials, and post-judgment disputes.

Equitable Distribution

New York follows the doctrine of equitable distribution under N.Y. Dom. Rel. Law § 236(B). Equitable distribution means that marital property is divided fairly between the parties, though not necessarily equally. Marital property generally includes assets and debts acquired during the marriage, while separate property may include inheritances, certain gifts, or assets excluded by a valid prenuptial agreement.

Property division in a divorce may involve homes, retirement accounts, bank accounts, businesses, investments, pensions, executive compensation, professional practices, vehicles, and other marital assets. In high net worth divorce cases, equitable distribution may also involve the valuation and division of closely held businesses, stock options, deferred compensation, investment portfolios, luxury assets, multiple real estate holdings, and complex financial accounts.

In determining equitable distribution, the court may consider factors such as the length of the marriage, the income and property of each spouse, contributions made during the marriage, future earning capacity, childcare responsibilities, and whether either party dissipated marital assets.

Asset division is often one of the most heavily litigated aspects of a divorce proceeding, particularly in high net worth cases or disputes involving businesses, professional practices, retirement accounts, or substantial real estate holdings. At Stephen Bilkis & Associates, we work closely with clients to identify marital assets, review financial records, evaluate property distribution issues, and protect our clients’ financial interests throughout the divorce process.

Spousal Support and Maintenance

Spousal support and maintenance, formerly referred to as alimony, are financial support paid by one spouse to the other during (support) or after (maintenance) a divorce proceeding. Maintenance may be awarded where there is a significant difference in income or earning capacity between the parties or where one spouse delayed educational or career opportunities during the marriage. In determining whether maintenance should be awarded, the court may consider factors such as the duration of the marriage, the age and health of the parties, present and future earning capacity, childcare responsibilities, and the standard of living established during the marriage.

Maintenance awards may be rehabilitative, durational, or permanent in limited circumstances. Rehabilitative maintenance is generally intended to provide support while a spouse obtains education, training, or employment necessary to become financially self-sufficient.

At Stephen Bilkis & Associates, we represent clients seeking maintenance as well as clients contesting maintenance claims. Because spousal maintenance can significantly affect both parties’ financial futures after divorce, it is important to carefully evaluate income, expenses, employment history, and future earning potential when addressing maintenance issues.

Family Offense Petitions and Orders of Protection

Family offense petitions involve allegations of domestic violence or other harmful conduct between family members or individuals involved in intimate relationships. These proceedings are governed by Family Court Act § 812 and are heard in Family Court. Stephen Bilkis & Associates represents both petitioners seeking protection and respondents defending against allegations in family offense proceedings.

Family offenses may include allegations involving assault, harassment, menacing, stalking, disorderly conduct, criminal mischief, strangulation, or other acts covered under the Family Court Act. If the court determines that a family offense occurred, it may issue an Order of Protection requiring a person to stay away from another individual, refrain from communication, leave a shared residence, surrender firearms, or comply with other court-ordered restrictions.

These proceedings can have serious and immediate consequences involving custody rights, visitation, employment, housing arrangements, and future litigation. In many situations, family offense matters may also overlap with criminal proceedings arising from the same allegations. Statements made during a Family Court proceeding may potentially be used in a related criminal case.

We represent clients in temporary and final Order of Protection hearings, Family Offense trials, related custody proceedings, and matters involving alleged violations of existing court orders. Our attorneys work closely with clients to prepare for hearings, respond to allegations, and protect their legal rights throughout the proceeding.

Abuse and Neglect

Our attorneys represent parents, guardians, and caregivers involved in abuse and neglect investigations and Family Court proceedings. Abuse and neglect cases are among the most serious matters handled in Family Court because they may involve allegations that place a parent’s custody and parental rights at risk. These proceedings are generally initiated by the Administration for Children’s Services (ACS) in New York City or by Child Protective Services (CPS) in counties outside New York City.

These agencies investigate allegations involving physical abuse, neglect, inadequate supervision, substance abuse, unsafe living conditions, educational neglect, or exposure to domestic violence. Following an investigation, the agency may remove children from the home, file abuse and neglect petitions in Family Court, seek supervised visitation, or seek restrictions on parental rights or, in severe cases, pursue termination of parental rights.

Abuse and neglect proceedings can move very quickly, particularly where emergency removal applications are involved. Parents may be required to appear in Family Court shortly after a child has been removed from the home. These cases may also involve court-ordered services, parenting classes, counseling, substance abuse treatment, or supervised visitation while the case is pending.

We represent clients throughout all stages of abuse and neglect proceedings, including emergency hearings, fact-finding hearings, dispositional hearings, and permanency proceedings. Our attorneys work closely with clients to review allegations, challenge agency findings where appropriate, prepare for court appearances, and protect parental rights throughout the case.

Guardianship

Stephen Bilkis & Associates represents clients in guardianship proceedings involving children and incapacitated adults. Guardianship proceedings generally involve the appointment of a person to care for a child or an incapacitated individual.

Family Court generally handles guardianship proceedings involving children under the age of 18, while guardianship proceedings involving incapacitated adults are typically handled in Supreme Court under Article 81 of the Mental Hygiene Law. Guardianship proceedings involving children may arise when a parent is deceased, incarcerated, unavailable, or otherwise unable to properly care for the child. In many cases, relatives or close family friends seek guardianship in order to provide stability and ensure that the child’s educational, medical, and daily needs are properly addressed.

Guardianship proceedings can involve difficult family circumstances and urgent concerns regarding a child’s care, safety, and stability. At Stephen Bilkis & Associates, we represent clients in guardianship petitions, contested guardianship proceedings, emergency guardianship applications, and related family court matters involving children and families.

Grandparents’ Rights

We represent grandparents seeking visitation and other legal rights involving their grandchildren. In many families, grandparents play an important role in a child’s life by providing emotional support, childcare, financial assistance, guidance, and stability. However, after a divorce, death in the family, custody dispute, or other family conflict, grandparents may suddenly find themselves denied contact with their grandchildren.

Under New York law, grandparents may seek visitation rights under certain circumstances pursuant to N.Y. Dom. Rel. Law § 72. Grandparents may have standing to seek visitation where one or both parents are deceased or where circumstances exist that would allow the court to intervene. If standing is established, the court will then determine whether visitation is in the child’s best interests.

In determining whether grandparent visitation should be granted, the court may consider factors such as the prior relationship between the grandparent and child, the amount of prior contact, the reason visitation was denied, the wishes of the parents, and whether continued visitation would benefit the child emotionally and developmentally.

Grandparents’ rights cases can become emotionally difficult, particularly where there is ongoing conflict between family members or disputes involving custody and parenting time. Courts must balance the rights of parents with the child’s best interests and the nature of the relationship between the grandparent and grandchild. These proceedings often require careful presentation of evidence concerning the history of the relationship and the child’s emotional well-being.

Contact Stephen Bilkis & Associates

Stephen Bilkis & Associates has extensive experience representing clients in family law and matrimonial matters. Our attorneys handle divorce, child custody, child visitation, child support, spousal support, paternity, family offense petitions, orders of protection, abuse and neglect proceedings, guardianship matters, grandparents’ rights matters, and related litigation.

Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Brooklyn, Long Island, Queens, Manhattan, Nassau County, Staten Island, Suffolk County, Bronx, and Westchester County.