Family Lawyer – What we Do in New York City

Family law issues can be complex, especially when contested. For this reason, when faced with a family law case, it is recommended to seek representation from a family lawyer in New York City. We handle all types of family law cases from divorce, custody, spousal support, child support, adoption, guardianship, pre and post-nuptial agreements, and paternity, to name a few.

Family Law Issues

We understand that dealing with family law issues can be stressful, both emotionally and mentally. The home is supposed to be a sanctuary, but in these cases, the home is in havoc. When this happens, it is hard to concentrate on work and enjoy life. For this reason, it is important to get a family lawyer in New York City to help you deal with your issues, represent you effectively and efficiently, and take that stress off your shoulders.

The most complex family law cases are contested divorce, custody, and spousal support cases. These cases are complex because they can involve division of properties and periodic monthly payments for a long period of time. When negotiating with one’s spouse on these contested issues, it might appear cheaper to do it on your own, but in the end, it is best to be represented by am experienced family lawyer in New York City, so that you can know your rights, you can understand what you are entitled to, and you can leverage this understanding in the compromise and negotiation process.

Other family law cases which require a family lawyer in New York City are child support, adoption, guardianship, annulment, domestic violence, cohabitation and partnership agreements, separation agreements, pre-nuptial and post-nuptial agreements, paternity, and immigration matters impacted by a divorce.

Divorce

In New York, there is no-fault divorce. Spouses can get a divorce easily now without having to allege fault of the other spouse. However, the contested issues in divorce relate to division of marital property, child support, child custody, and spousal support or alimony. When dealing with these issues, it is important to be represented by a family lawyer in New York City so you can get the best deal in the divorce.

Child Support

Child support involves the payment of a monetary obligation by the non-custodial parent to the custodial parent for child-rearing expenses. The amount of child support can be determined by the judge using the state’s child support guidelines. However, the spouses can also agree on an amount of child support. When the non-custodial parent fails to pay child support despite administrative measures of automatic payroll deductions, income tax refund intercept, etc., a violation or enforcement petition can be filed requesting the court for an order of payment for past due obligations. A family lawyer in New York City can help you obtain the child support payments your children deserve.

Separation Agreements

When spouses seek to live in separate houses yet remain married for other reasons (such as availment of social security benefits and medical insurance), the spouses can enter into a separation agreement regarding the division of marital property, child support, custody, and spousal support without court intervention. In negotiating a separation agreement, one should be represented by a family lawyer in New York City to get the best deal given the circumstances of the case.

Custody and Parenting Time

Custody disputes are among the most emotionally and legally complex family matters. New York divides custody into legal custody (decision-making authority) and physical custody (where the child primarily lives). Courts apply a "best interests of the child" analysis, considering factors including the relative fitness of each parent, the primary caretaker pattern, the home environments, the willingness of each parent to foster the child's relationship with the other parent, and the child's preferences (weighted by age). Courts strongly disfavor parents who alienate children from the other parent. Custody decisions can include sole custody, joint custody, or split arrangements tailored to the children's needs and the parents' schedules.

Spousal Maintenance and Long-Term Marriages

Spousal maintenance (alimony) in New York is calculated under a statutory formula in Domestic Relations Law Section 236(B)(6). The formula uses a defined percentage of the higher earner's income up to a statutory income cap (currently $228,000 of the payor's income), with the duration of post-divorce maintenance determined by another formula tied to the length of the marriage. For long-term marriages — over 20 years — the duration formula can produce maintenance obligations of 7 to 10 years or longer. The court can deviate from the formula based on statutory factors. Negotiated maintenance arrangements often differ from the formula result, particularly where the parties want certainty, structured payments, or tax-efficient structures.

Equitable Distribution

New York's equitable distribution statute governs the division of marital property at divorce. Marital property includes everything acquired during the marriage, except gifts and inheritances received in one spouse's name and personal injury recoveries. Separate property remains with the spouse who owned it. Equitable distribution is fair but not necessarily equal. The court weighs the length of the marriage, the contributions of each spouse to the marriage (including non-financial contributions), the economic circumstances of each spouse, and many other factors set by statute. The valuation date for assets is typically the date the action was commenced, though the court can use a different date when equity requires.

Pre-Nuptial and Post-Nuptial Agreements

Pre-nuptial agreements signed before marriage and post-nuptial agreements signed during marriage allow couples to modify the default rules of equitable distribution and maintenance. To be enforceable in New York, the agreement must be in writing, signed by both parties, acknowledged before a notary, entered into voluntarily, substantively fair both at signing and at enforcement, and supported by fair financial disclosure. Each party should ideally have independent counsel. We draft and litigate these agreements on both sides.

Adoption

Adoption in New York is governed by the Domestic Relations Law and procedurally by the Surrogate's Court Procedure Act. Adoption can be private (between individuals through an agency or independently) or through the public foster care system. Stepparent adoption is one of the most common forms, where a step-parent adopts the spouse's biological child with consent of the other biological parent (or upon termination of that parent's rights). Same-sex couple adoptions, second-parent adoptions, and international adoptions each have their own procedures. Adoption requires court approval at every stage and culminates in a final order of adoption that legally creates the parent-child relationship.

Guardianship

Guardianship under Article 17-A of the Surrogate's Court Procedure Act (for adults with developmental disabilities) and under Article 81 of the Mental Hygiene Law (for adults with diminished capacity) is the legal mechanism by which someone other than the person themselves becomes authorized to make decisions for them. Article 17-A guardianship covers individuals diagnosed before age 22 with intellectual or developmental disabilities. Article 81 covers adults whose decision-making capacity has been impaired through illness, injury, or aging. Both proceedings require court findings about the person's capacity and the proposed guardian's qualifications.

Paternity

Paternity proceedings establish the legal parent-child relationship between a putative father and a child. Paternity can be established by acknowledgment (a written acknowledgment of paternity signed by both parents) or by court order following genetic testing. Establishing paternity has consequences for custody, visitation, child support, and inheritance. We represent both putative fathers and mothers in paternity matters.

Domestic Violence and Orders of Protection

Family Court and Criminal Court can issue orders of protection that prohibit specified conduct, require the respondent to stay away from the petitioner and family members, vacate a shared home, surrender firearms, and refrain from communications. Family Court orders of protection require a "family or household" relationship between the parties; Criminal Court orders of protection arise from criminal charges. Civil restraining orders in Supreme Court are sometimes available where neither court is appropriate. Violations carry serious penalties. We represent victims pursuing orders of protection and respondents defending against them.

Annulment

Annulment is the legal declaration that a marriage was never valid. New York recognizes annulment grounds including underage marriage without consent, mental incapacity, fraud, force or duress, and physical incapacity. Annulment is much less common than divorce because the grounds are narrow and most marriages, however brief, do not qualify. We evaluate whether annulment is available in cases involving short marriages or significant marital irregularities.

Mediation and Collaborative Family Practice

Not every family case needs to be litigated. Mediation, collaborative practice, and structured settlement negotiation can produce outcomes that are faster, cheaper, and more durable than full court litigation. We participate in all these processes and recommend them where the circumstances and the parties allow.

Why a New York City Family Lawyer Makes a Difference

Family law in New York City has its own particular dynamics — busy court calendars, specialized judges, well-funded opposing counsel, and high stakes. An attorney who knows the local courts and the local practice can make a meaningful difference in both the speed and the outcome of a case. We have practiced in every New York City family and matrimonial part for years.

Call Our Office

There are still a myriad of family law matters aside from the above cases that we handle. If you are facing family law issues and need a family lawyer in New York City, we, at the Law Offices of Albert Goodwin, are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].