Queens Family Lawyer

Family law in New York covers a wide range of legal issues that arise within families, including matters of child custody, visitation, child support, divorce, and more. For individuals living in Queens, navigating these legal issues can be particularly challenging due to the complexity of the laws and regulations governing family matters in the state. Having an experienced Queens family lawyer by your side can make a significant difference in understanding your rights and advocating for your best interests.

Child custody and visitation issues are among the most contentious aspects of family law. In New York, child custody decisions are governed by Domestic Relations Law (DRL) § 240, which requires courts to base their decisions on the best interests of the child. Courts will consider factors such as each parent’s ability to provide a stable environment, the relationship between the child and each parent, and the child's overall welfare. Visitation rights are closely related to custody decisions. Even if one parent is granted physical custody of the child, the non-custodial parent typically has the right to visitation.

When a custodial parent seeks to relocate, it can significantly affect the non-custodial parent's visitation rights. New York courts follow the guidelines established in Matter of Tropea v. Tropea, 87 N.Y.2d 727 (1996), which requires courts to balance the custodial parent’s reasons for moving with the potential impact on the non-custodial parent’s relationship with the child. Courts assess the move's benefits and how it affects the child's life, particularly regarding their education and emotional well-being.

If you are facing a child custody issue, whether it is related to custody, visitation, or relocation, contacting an experienced Queens family lawyer is important to protect your parental rights and to help ensure that the best interests of your child are prioritized during negotiations and court proceedings.

Fathers in New York have equal rights to seek custody, visitation, and other parental privileges. Under New York law, fathers are entitled to seek an active role in their child’s upbringing, regardless of whether they were married to the child’s mother. Fathers may also establish paternity to gain legal rights and responsibilities toward their children.

In paternity cases, a court can require a DNA test to confirm parentage. Once paternity is established, the father has the right to petition for custody or visitation and may also be required to pay child support. An experienced Queens family lawyer can help fathers assert their rights in family court proceedings.

In some cases, grandparents may seek visitation rights with their grandchildren. Under DRL § 72, grandparents can petition for visitation if one or both parents are deceased, or if visitation is in the best interests of the child. While the law provides an avenue for grandparents to request visitation, these cases can be complex, and courts will carefully consider the family dynamics and whether visitation will benefit the child. For example, in Bhanmattie H. v. Roxanne H. (In re Proceeding for Custody and/or Visitation of Minors), 2017 N.Y. Slip Op. 27192 (N.Y. Fam. Ct. 2017), the Queens County Family Court awarded custody of the child her paternal grandmother over the objection of the biological mother because the child had lived with the grandparents most of her life and because the child had expressed a desire to continue live with the grandparents. On the other hand, in a case where a foster family chose to adopt a child and the grandparents sought custody, the court chose to award the child to the foster family because they sought adoption. See Carter v. Admin. for Children's Servs., 176 A.D.3d 696 (N.Y. App. Div. 2019).

In New York, both parents are financially responsible for supporting their children. The amount of child support is determined using the Child Support Standards Act (CSSA), which is codified under Family Court Act (FCA) § 413. This statute sets forth a formula that takes into account the income of both parents and the number of children involved. Even if a parent does not have custody, they are still legally obligated to contribute to their child’s financial needs.

If disputes arise over child support, it may be necessary to file a petition in the Queens County Family Court at:

Queens County Family Court
89-14 Parsons Blvd
Jamaica, NY 11432

Note that child support decisions, including modifications to child support require complete financial disclosures. In Dailey v. Govan, 136 A.D.3d 1029 (N.Y. App. Div. 2016) the Appellate Division, considered an appeal from an order of the Family Court, Queens County related to a petition by the mother for an increase in child support. The Support Magistrate granted her petition. On appeal, the court emphasized the need for complete financial disclosure in child support proceedings and noted that the Support Magistrate should have postponed the hearing until the mother submitted all required documents. Since this did not happen, the appellate court remitted the case for a new determination once the necessary financial evidence was provided.

Allegations of child abuse or neglect can have serious legal consequences. Under FCA Article 10, the Family Court has jurisdiction over child abuse and neglect cases. If a child is found to be in immediate danger, the court may remove the child from the home and place them in foster care or with a relative. Parents facing allegations of abuse or neglect need legal representation to protect their rights and ensure that they receive a fair hearing.

An order of protection, also known as a restraining order, is a court order that limits a person's contact with another individual. These orders are often issued in cases of domestic violence, harassment, or abuse. Under FCA § 828, an individual can petition the Family Court for an order of protection if they are a victim of family violence.

If you are seeking an order of protection or need to defend against one, it is important to contact an experienced family attorney serving Queens for assistance. While it is relatively easy to get a temporary order of protection, a final order of protection requires more evidence. With proper legal representation, you can ensure that the legal process is followed properly, and that your interests are defended every step of the way.

Divorce is one of the most significant areas of family law. New York recognizes both fault-based and no-fault grounds for divorce under DRL § 170. In a no-fault divorce, one spouse can file based on an irretrievable breakdown of the marriage for at least six months. Divorce proceedings often involve other family law issues, such as property division, child custody, and spousal support. A Queens family lawyer can guide you through the divorce process and help ensure that your interests are protected, whether you are seeking an amicable resolution or need to litigate contested issues.

Spousal maintenance, also known as alimony, is designed to provide financial support to a spouse following a divorce. The amount and duration of maintenance are determined based on various factors, including the length of the marriage, each spouse's income and property, and each spouse's contributions to the marriage. Under DRL § 236, the court has discretion in awarding maintenance and will consider the financial needs and circumstances of both parties.

In a divorce, the division of property is governed by the principle of equitable distribution under DRL § 236. This means that marital property is divided fairly, though not necessarily equally, between the spouses. Marital property includes assets acquired during the marriage, such as homes, retirement accounts, and investments. Separate property, such as assets acquired before the marriage or by inheritance, is typically not subject to division.

Note that why many family-related matters in Queens are handled at the Queens County Family Court, 89-14 Parsons Blvd., Jamaica, New York, divorce matters are handled at the Queens County Supreme Court, 88-11 Sutphin Boulevard in Jamaica.

Prenuptial and postnuptial agreements are contracts that outline how a couple’s assets will be divided in the event of divorce. A prenuptial agreement is entered into before marriage, while a postnuptial agreement is signed after marriage. These agreements are governed by DRL § 236 and must be entered into voluntarily and with full disclosure of both parties' assets. A knowledgeable family attorney in Queens can help you draft or review a prenuptial or postnuptial agreement to ensure that your rights are protected.

A separation agreement is a legally binding contract that outlines the terms of a couple’s separation, including issues such as property division, spousal support, and child custody. Separation agreements are governed by DRL § 170. These agreements allow couples to live separately while addressing their legal and financial obligations.

Family law issues are often complex and emotionally charged. Whether you are facing a divorce, child custody dispute, or need assistance with a prenuptial agreement, it is important to have a knowledgeable attorney on your side. An experienced family attorney serving Queens can help guide you through the legal process and advocate for your rights in court. At Stephen Bilkis & Associates, we have extensive experience representing clients in complex family law matters, and we are committed to helping our clients achieve favorable outcomes. Contact us today at 800.696.9529 to schedule a free, no-obligation consultation regarding your family law matter.