The Importance of Having a Family Court Lawyer
When dealing with family matters, you may find yourself in situations that require expert legal guidance. A family court lawyer is not just an attorney; they are your advocate, ally, and confidant as you navigate through your family’s legal issues. They help in drafting coherent parenting arrangements, offers settlement advice, and make sure your voice is heard in critical matters pertaining to child custody and support. There may be considerations that you are unaware of and may need a professional lawyer to help you identify these to formulate a strong case with favorable outcomes.
It is not uncommon to get emotionally charged and make decisions that can prove to be detrimental or costly later on. A family court lawyer will ensure that you have the correct information and guidance to make educated decisions that will help you find a resolution that is suitable for all . Legal processes in Family Court are complex and multifaceted. The rules and procedures can be unfamiliar and even misleading at times. While the judge presiding over your case will do their best to ensure that you have the proper information regarding laws and regulations, it is your responsibility to ensure that you do not hurt your case by going into this process without a competent lawyer by your side.
Domestic violence, child abuse, and neglect can be very sensitive matters. Unfortunately, allegations of abuse, neglect, or domestic violence can prove to be life changing and have very serious consequences. A lawyer can help you avoid these negative consequences, and formulate a case that will protect you from these life altering issues.
What to Look for in an Experienced Family Court Attorney
Character and competence are the two major traits of a good Family Court lawyer. Like Romans in Gaul, we’ll take them in reverse order.
Competence means many things. It means your lawyer knows the law and follows its requirements. It means your lawyer knows his or her limits and seeks help if they don’t have all the answers. It means your lawyer has courtroom experience and can try a case if necessary. It means your lawyer knows how to draft written submissions. It means your lawyer can negotiate with opposing lawyers. It means your lawyer has tried many family law matters and won them. It means your lawyer has well-honed support staff capabilities. It means your lawyer has decades of family law experience, not years, and can adapt to the ever-changing landscape of Family Court rules, procedures, and tactics.
Character, simply put, reflects personal and professional integrity. It means your lawyer does not "cheap out" on your matter, but does what is necessary to do a good job for you. It means your lawyer is always available. It means your lawyer advocates the best legal strategy for you and doesn’t milks the process for more fees. It means that your lawyer is ethical and pleasant to opposing counsel and court staff. It means that your lawyer keeps you informed and you can trust your lawyer to do whatever is necessary, subject to your approval.
Oh, I see you blushing again. But it’s true, almost every day I discuss the above with clients who tell me about their prior experiences with other attorneys. It’s almost laughable, if it wasn’t so darn sad. My clients tell me they want an attorney who has years of experience, has won many cases, is familiar with the New York Family Court Act and the Uniform Family Court Rules, and has a track record of success in their types of legal matters. They tell me they want someone who will explain carefully their rights and obligations under the law, and will advise them as to the best course of action to accomplish their goals. They tell me they want someone who will listen to their input and decision-making, yet provide them their own opinions and recommendations, and will do what is necessary to achieve their objectives in an economical manner. They tell me they want a lawyer who is approachable. They tell me that all of my lawyers have a reputation within the local judicial community as being competent, capable and tough, yet understand when you need to achieve an agreement outside of Family Court. They tell that our fees are reasonable and our services reliable. They tell me that that our lawyers treat clients with respect and listen carefully to their input.
I could go on, and on, and on, gushing about my lawyers. Maybe I am in love with my professional colleagues? Maybe I am bragging about the best child custody law firm in Central New York? Maybe I could make a dick joke? Or maybe I know who I work with, of whom I am proud? And that goes for our clients too. We have many wonderful clients. Yet again, our client base is made up of many, many amazing people, more like a family than clients. So there! I just couldn’t help myself.
The Basics of Family Law in Syracuse, NY
Syracuse, NY is a beautiful place to live, work, and raise a family. As such, the family lawyers here are often kept very busy handling a variety of family law matters. This includes divorce, child custody, child visitation, partitions, child support, spousal support, guardianship, paternity, adoption, separation, and even family offense petitions.
Divorce is an action in which the spouses bring a suit based upon irretrievable breakdown of the marriage, abandonment, adultery, cruel and inhuman treatment, and/or living in a separate state. At the end of the divorce action the court will render a degree of divorce to the spouse so long as the spouse has proven the grounds for divorce. In many cases the parties resolve support and custody issues before the judgment is rendered.
A child custody case is one in which the Court determines custody and/or visitation of the children of the marriage between the former spouses.
A support case (also referred to as a child support case) is one in which the Court will determine child support. Based on the facts of the case, the Court may grant interim child support or a final award for child support until the child is emancipated. For child support, such payments continue until a child reaches the ages of 18 and 21 if the child is still in high school. The exact amount of ongoing child support is determined by the child support guidelines of the state of New York. Child support awards are based on the net incomes of both parents and may be subject to adjustment based on the visitation arrangements made.
A spousal maintenance case is where the court will determine alimony to be paid between the spouses due to the agreement of the parties or where a party applies for orders of spousal maintenance before or after entry of the judgement of divorce.
Partition actions are used by parties who own property together to divide the real property or portion thereof among several owners when there is no foreclosure on a mortgage or mechanics lien. The partition action affords the right to sell or partition the property. A partition action will not be decided in favor of one party unless that party can show the court an actual and distinct injury or damage.
Guardianship proceedings are required in circumstances where a child has a parent that is either deceased or unable to act as guardian of the child or when the parents have been inept at fulfilling the role of guardian. Guardianship also pertains to adults that are unable to care for themselves. Proceedings under the Mental Hygiene Law of New York State, Article 81 are instituted pursuant to petition to the Supreme Court or to the County Court or the Family Court for appointment of a Guardian.
A paternity proceeding is a proceeding to determine a person’s parentage. A paternity case results from an order to show cause issued by the Family Court and served on the purported father. It may be commenced in connection with an application for child support or an application to locate the child’s father.
Adoption proceedings are required in order to legally establish parentage, sever biological ties with birth parents and substitute adoptive parents where the biological parents cannot fulfill that role.
Separation involves a voluntary process between spouses where they divide their lives and live separate and apart from one another. A separation agreement is drafted and signed by the parties in order to resolve the issues of support and custody in similar manner to a divorce proceeding. The parties may also decide to live separately, and petition for a judicial separation. In the case where a divorce action is pending, the parties can also petition the Court for a separation during the pendency of the action, seeking support and custody.
Family offense petitions screen for incidents of domestic violence using such courts as the Family Court of the state of New York or a County Court in the state of New York. In the event that the facts show there is a necessity for intervention, the Court may issue an order of protection. The violation of an order of protection can be through harassing phone calls, following, or listening devices.
How to Select the Right Family Lawyer for Your Unique Case
Choosing a family lawyer in Syracuse is a crucial step in navigating the complexities of family law. This process can be daunting, so it is essential to approach it systematically and make an informed choice that meets your unique needs.
Begin by verifying credentials. It is important to hire a lawyer who specializes in family law. Verify their credentials and experience in handling cases similar to yours. Look for a lawyer who is knowledgeable in all areas of family law such as divorce, child custody, and property division. Check with the State Bar of New York to ensure that the attorney has not been the subject of any disciplinary action.
Next, read reviews. Take the time to read online reviews of the lawyer you are considering. Pay attention to the feedback from other clients regarding the lawyer’s communication skills, knowledge, and professionalism. Look for testimonials on the lawyer’s website or third-party review sites.
Conduct interviews. Once you have a shortlist of potential lawyers, schedule a consultation with each of them. During the meeting, ask questions about their experience and approach to handling family law cases. Find out how they plan to communicate with you and keep you updated on your case. Take notes on each meeting and trust your instincts about who will be the best fit for you and your situation.
After you have completed these steps, weigh the pros and cons of each lawyer. Consider factors such as experience, cost, communication style, and personality. Choose the lawyer who you feel most comfortable with and who is best suited to handle your case.
By doing your research and asking the right questions, you can find the right family lawyer for you in Syracuse.
The Cost Involved in Hiring a Family Court Attorney
A standard retainer (advance deposit) for divorce and custody work ranges generally from $2,500 to $5,000. This amount depends on the complexity of the case and the experience level of the attorney. Typically, the experienced family law attorneys charge more than associates, and solvable divorce and custody cases with plenty of assets and cash in which the parties are not fighting (settlement-oriented) are the least expensive to handle. The fees for operators with lower experience levels will also be lower.
In terms of hourly rates, in Syracuse the average is $300 per hour for family law work. However, top-tier family law firms and their prized lawyers can charge between $300 and $550 per hour in the Central New York area.
The retainer allows the attorney to do all the work and have the assurance of being able to get paid for all that time. Some family lawyers charge fixed fees , but they are less common. Additionally, there are hourly billing costs, such as for phone calls, emails, letter writing and drafting pleadings. There will be miscellaneous costs such as copies, faxing, court fees and more.
Divorce and custody matters are charged from retainers at the hourly rate. On the other hand, a retainer for neglect cases, PINS matters and abuse and maltreatment cases are handled by the Public Defender’s Office in Syracuse. In such cases, if a citizen cannot afford an attorney, the free representation is provided by a public attorney.
For private representation in child abuse and neglect cases, rough legal fees and retainer estimates are $7,500 to $10,000 for a standard contest and a divorce retainer is approximately $4,800 to $7,500.
Experienced Family Court Lawyers in Syracuse, NY
The following are some of the best-rated family court lawyers in Syracuse to assist you with a child custody dispute, child or spousal support adjustment, or other family law-related matters:
Erin E. Cotter
Located on Jefferson Street, Erin E. Cotter has been in business since 2009. She has more than 10 years of family law experience and aims to help people get their lives back on track by providing a modernized approach to legal representation. Cotter specializes in child custody, visitation, child support, family offense, spousal maintenance, child abuse and neglect, paternity, guardianship, termination of parental rights and family offense appeals. She often takes on cases pro bono, and she also offers free consultations and discounts for military and veterans.
Gregg A. Bernstein
A partner at Dismal & Dismal, located on East Washington Street, Gregg A. Bernstein has more than 30 years of family law experience. Bernstein specializes in divorce, child support, child custody, visitation, marital property division, and pre- and post-nuptial agreements. He offers a free consultation and accepts credit cards and payment plans.
Jeffrey S. Filler
Located on Montgomery Street, Jeffrey S. Filler has more than three decades of experience handling family law cases. He accepts clients for a wide variety of issues, including divorce, child custody, paternity testing, child support, contempt, post-divorce modification, spousal maintenance and child abuse and neglect. Filler offers free consultations and accepts credit cards.
Tips for Collaborating Successfully with Your Attorney
A successful relationship between a client and attorney is an important part of good outcomes in any domestic or family court case. The following are some tips on how to get the best results from that relationship. "Set the stage" early on by really taking the time to select the right attorney for you. You need to trust that person, and have comfort in sharing your life story with them. If you don’t trust them enough to tell them the most intimate details of your life, they will never be able to do their job properly. "Set aside an entire half hour (or more if you want) to meet with a potential new lawyer, and make sure you have nothing on your schedule afterwards to disrupt and interrupt that important time." You need to believe in your attorney to the point where you will follow their advice, and of course you need to also heed his or her warning if you think you are doing something unwise or unethical. You need to have confidence in their plan of attack, and feel sure you can follow their direction. You need to feel comfortable with their fees, and not have to worry about legal costs, but rather focus on the case itself. In order to get the most value from this relationship, you need to be focused and efficient in your time together. Be respectful of their time, as they are of yours. Keep track of questions for them as they come up during your day , write them down and then when you take 10 or 15 minutes out of an afternoon at work, you can call them. Respect their time out of the office as well, if they are in court or out of the office, leave a clear and concise message attaching your email, and it is better to be short and to the point, rather than ramble on with a long "story" or background. Do not take their kindness for granted, they are working with you, because you are paying them to do their job, and they are always willing to help you. As long as you respect their time and efforts, it is fine to ask them to do things unexpectedly for you, but again, show appreciation and respect for their services. Give them a few days to return your call, and do not call or email them over and over again just to ask the same questions or repeat the same messages. Avoided conflict, and if you do not see eye to eye with your attorney, discuss it openly with them, and if you cannot come to an understanding, "just move on to the next attorney." There are back-up attorneys that also work in her office, and they have no issue with you replacing them with someone else. Remember they are people too, and they freely admit to making mistakes and having "off" days and times. They are human and everyone is entitled to being "off" once in a while.