Frequently Asked Questions About Family Law
At Kurt T. Richards, P.C. I have been guiding clients through family law matters for decades. In that time, I have answered countless questions about divorce, custody and other family law issues. Below are answers to some of the most common questions I hear in my practice. Please keep in mind that every family – and every case – is unique. It is wise to speak with an attorney about your specific situation
Q. How do courts determine custody and visitation?
A. If both parents cannot agree on a schedule for custody and parenting time, the court will try to reach an arrangement that is in the best interests of the child. Courts will consider the child’s relationship with each parent, schedules, educational needs and what role each parent has played in the past.
However, the court does not know your family, and their assessment may not be consistent with your beliefs as a parent. It is wise to collaborate with your co-parent to reach an agreeable arrangement whenever possible. Learn more about custody and visitation in New York.
Q. What can I do if my spouse isn’t paying court-ordered child support or spousal support?
A. If your former spouse or co-parent is not complying with the terms of a family court order, it is important to seek enforcement in court. Not only does it resolve the conflict and ensure the terms of the agreement are met, but it protects your rights should any other disputes arise.
Q. Can I modify a family court order for custody or support?
A. Either spouse or parent may pursue a modification to an existing family court order. Typically, the party asking for the modification must show that the original order has become impossible or burdensome to comply with. A relocation or significant change in income may justify a modification.
Q. Will I have to go to court?
A. While family law matters are often resolved in court, going to trial involves a great deal of stress, expense and uncertainty. Whenever possible, I try to help my clients avoid unpredictable trips to court by negotiating intelligently with the other party. Of course, when the other party does not agree to an acceptable resolution, sometimes a trial is the best path forward.
More Family Law Questions? Get Honest Answers
This page contains general information but there is no substitute for a conversation with an attorney. I offer free consultations for many family law matters. To schedule a meeting at my Staten Island office or over the phone, please call 718-720-1000. You may also send an email and a member of my team will reach out to you shortly.