Law Office of Richard Roman Shum, Esq., PLLC

Child Custody in Manhattan

When a divorce is finalized, a family court in Manhattan will make a determination on child custody, deciding whether to award legal, physical, or both forms of custody based on the child's best interests. The court will also decide on visitation rights for non-custodial parents or other relatives. Custody is a sensitive issue and it can have lasting impacts on both parents, their relationship with the child, and the child’s life. Working with a Manhattan family law attorney is crucial to ensure the best outcome in these delicate situations.

There are two major types of custody in New York: legal and physical. Legal custody grants a parent the right to make decisions about a child’s upbringing, including religion, medical care, and education. If a judge awards joint legal custody, the parents must make decisions together, even if one parent has physical custody. Physical custody determines where the child lives. If a parent has sole physical custody, the child will live with that parent most of the time. However, joint physical custody allows the child to spend equal time with each parent. A common schedule has the child spending two days with one parent, five days with the other, and then alternating weeks. Speak with a Manhattan family law attorney for more information.

In these situations, a Manhattan family law attorney can provide the necessary legal guidance and support. While the mother is typically awarded primary custody, it is not uncommon for a father to seek and be awarded joint custody or, in rare cases, sole custody. For a father to obtain custody, he must have signed an Acknowledgement of Paternity or be listed as the father on the child’s birth certificate. Relatives and friends of the child can also request custody, but they must prove extraordinary circumstances to the court.

Before a judge can award custody, they must review the case’s facts and conduct a thorough investigation into each party. The judge will also consider where the child’s siblings reside, aiming to keep siblings together if possible. Additionally, the judge will review child protective records, orders of protection, and check the sex offender registry for everyone seeking custody or visitation rights.

A Manhattan family law attorney understands that if a judge determines the child's best interests are served by awarding the petitioner custody, they must then decide which type of custody to grant and establish a parenting schedule. The parents must then agree to the plan, or the judge will impose a visitation schedule for the noncustodial parent. Typically, a judge will grant the noncustodial parent overnight visits on weekends and dinner or evening visits during the week. The noncustodial parent must also be given access to the child on holidays. However, in cases where there is evidence of abuse or neglect, the judge may order supervised visitation, ensuring the child’s safety during visits. Consult a Manhattan family law attorney today for legal advice.

Spousal Support in Manhattan

The concept of alimony, or maintenance as it is sometimes called in New York, is often a confusing and emotional issue for divorced couples. In Manhattan, navigating these waters is made easier with the assistance of a skilled Manhattan family law attorney. The purpose of spousal support is to help the lower-earning spouse regain financial stability and become self-supportive post-divorce, although it is not an automatic right for either party. Various factors influence the decision of whether or not spousal support will be awarded, and for how long it will be paid.

There are two types of spousal support available in New York: temporary and post-divorce maintenance. Temporary maintenance, or alimony pendente lite, is ordered by the court during divorce proceedings, and sometimes afterward if stipulated in the divorce agreement. When there is a genuine financial need and the parties cannot agree on an amount, the court will determine the amount based on statutory guidelines. Engaging a Manhattan family law attorney ensures that all relevant financial information is properly presented and considered in these cases.

To ascertain the duration and amount of spousal support, the court scrutinizes the couple’s financial data, including tax returns, pay stubs, and other income-generating assets, as well as the length of the marriage and the earning power disparity between the spouses. A formula is then applied to presumptively calculate the correct amount of spousal support. Nonetheless, the court can deviate from this formula if deemed unjust or unfair. In this complex process, the guidance of a Manhattan family law attorney is invaluable.

The spouse poised to receive alimony must also actively seek employment or further education to acquire necessary skills and qualifications for self-sufficiency. The court might also consider the needs of other dependent household members, such as children or elderly parents. It is crucial, especially in Manhattan where the cost of living is high, for the paying spouse to consider these factors when determining the duration of spousal support payments. Speak with a Manhattan family law attorney for legal advice.

Avoiding spousal support obligations can be achieved through various means such as signing a prenuptial or postnuptial agreement, asset transfers in lieu of payments, or pursuing a fault-based divorce. In these situations, a Manhattan family law attorney can provide the necessary legal guidance and strategy to navigate the complexities of spousal support in New York.

Prenuptial Agreements in Manhattan

Embarking on a marriage journey in Manhattan is both an exciting and romantic endeavor, and it becomes even more assured with the guidance of a Manhattan family law attorney. Before the joyous celebration, it is crucial for future spouses to discuss their financial circumstances and consider obtaining a prenuptial agreement in New York. This proactive step ensures the protection of both parties' interests in the unfortunate event of a divorce, separation, or death, with expert guidance readily available from a skilled Manhattan family law attorney.

A prenuptial (or premarital) agreement allows couples to preemptively address potential future issues such as the division of assets and debts in case of separation or divorce. Without such an agreement, these decisions are left to a judge, who will determine a fair outcome, potentially resulting in a one-sided resolution. Engaging a Manhattan family law attorney ensures that your prenuptial agreement is well-negotiated and crafted to protect your interests.

Common clauses in prenups define separate property, clarify what is not considered marital property, and may limit or exempt spousal support obligations. Depending on the marriage's unique circumstances, provisions regarding life insurance or child custody might also be pertinent. A Manhattan family law attorney can provide invaluable assistance in navigating these complex issues.

The primary aim of a prenup is to safeguard the interests of both parties, especially crucial when one or both parties bring substantial assets into the marriage. It prevents the wealthier party from being trapped in a prolonged, expensive divorce that could endanger their financial stability and gives the less affluent party peace of mind against assuming a heavy debt burden in case of a marital breakdown. A Manhattan family law attorney plays a vital role in achieving these protective measures.

A well-crafted prenup can also set predetermined alimony payment amounts and durations, providing clarity and avoiding potential conflicts during divorce proceedings. While it can address support for children from previous relationships, it’s crucial to remember that a prenup cannot waive future children's custody rights.

The efficacy of a prenup in court significantly depends on its proper drafting and execution, areas where an experienced Manhattan family law attorney is indispensable. To gain court approval, a prenup must be negotiated in good faith, with full financial disclosure from both parties, and signed in the presence of a notary public. Both parties must also have independent legal representation to ensure the agreement’s validity. Planning ahead with a prenup helps avert unwanted surprises post-divorce, such as being held responsible for a spouse’s debt or receiving an inequitable share of the marital estate. 

Law Office of Richard Roman Shum, Esq., PLLC

Law Office of Richard Roman Shum, Esq., PLLC

20 Clinton St #5d, New York, NY 10002, United States

(646) 259-3416