Frequently Asked Questions
Lang, Berman & Lebit, P.C. has compiled a list of frequently asked questions to address the needs of our clients and visitors. If your question or concern does not appear below, please contact us.
Custody Rights: Defining the Agreement
- Does the mother automatically get full custody?
The days of automatically giving the mother full custody are over. As each situation is unique, the attorneys at Lang, Berman & Lebit, P.C. will determine what you can expect regarding your custody rights after carefully reviewing the facts that surround your case.
- What factors influence a judge's decision to favor one parent over the other?
A judge will normally consider the following factors:
- State of mental being
- Income or potential earnings
- Health, safety, and welfare of children
- Other factors specific to your individual case
- Are custody laws different for married couples than for co-habitants?
- What is the difference between legal separation and divorce with regards to child custody rights?
- What are grandparents' rights and when would they apply?
- Which parent gets to choose the school system and how is this decided?
Custody Rights: Terminology
- What types of child custody exist and how does one differ from the next?
- Legal custody
- Full custody
- Joint custody
- Shared custody
- Physical custody
- Joint legal custody
- Joint physical custody
- Do child custody laws distinguish between daytime custody visits and overnight custody?
Custody Rights: Violation and Orders
- What should I do if my ex-spouse doesn't allow me to exercise my father's custody rights?
- What course of action can I take if my spouse is not fulfilling the child support obligations?
- What penalties exist if I do not abide by the child custody agreement?
- Is a violation of custody agreement considered a misdemeanor or a felony?
- How do I file an Order of Protection?
- A Restraining Order has been filed against my spouse. How does this impact the child custody visits?
Custody Rights: Geographic Location
- If I relocate, will it impact my child custody rights?
- Are there geographic boundaries to custody rights?
- While my children are in my care, how far am I allowed to travel?
- Do I need permission from the court before I can take my children abroad?
Child Support and Income
- When does one party have to pay child support to the other?
- My income varies.
- Will this impact my child custody rights?
- Will this impact my child support payments?
- I am unemployed. Will this effect the judge's decision regarding child custody rights?
- What are the consequences if I cannot afford the amount of child support dictated by the judge?
- Are wages automatically garnished for child support payments?
- I am supporting someone else's child. Will this be factored in when the judge is determining child support payment amounts?
- My spouse has unreported income. How can I be assured this income is included?
Separation, Divorce, Custody
- How do I file for separation or divorce?
Contact the New York family law attorneys at Lang, Berman & Lebit right away.
- I paid more toward the household finances and assets. Shouldn't I get proportionately more?
- Both names are on the deed but only one name is on the loan? Does this mean the distribution of assets will not be evenly split?
- Who determines which parent gets ownership of pets and other household items?
- I am dating someone else.
- Will this impact my child custody rights?
- Will this change my child support payment amounts?
- Do I have to disclose this information to the judge?
- Will the person I'm dating be questioned or involved in any way?
- From the time of filing for custody rights, how long does it take before I can actually see my child(ren)?
- How long is the process for a legal separation or divorce, from start to finish?
Pre / Post Nuptial Agreements
- Are verbal pre and/or post nuptial agreements binding?
Depending upon when the agreement was made, how it was said, and other terms of the contract will determine its legitimacy.
- Will the terms of our written pre and/or post nuptial agreement be taken into consideration?
- Under what circumstances will pre and/or post nuptial agreements be disregarded?
This varies from case to case. The details of your agreement will be discussed at length during your consultation.
Getting Started
- How do I begin the legal process?
Our experienced New York divorce attorneys and child custody lawyers are fully prepared to assist you in all aspects of your family law matters. Please contact us to schedule an appointment.
Family Law Attorneys Serving Long Island | Suffolk | Garden City | Nassau County | New York
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