Family Law Attorney
Winning Cases Since 2009
Seeking a knowledgeable and experienced family law attorney? At Hedayati Law Group, we offer 150 years of combined experience and a background in banking and finance to give clients a competitive advantage in family law cases in Suffolk County, Nassau County, and New York City.
We have the knowledge, the team & Support staff for a successful case
We Are There For You Every Step Of The Way & Ready To Fight For Your Rights
Background in Banking & Finance that provides a competitive advantage
Family Law Attorney in Garden City, New York, Serving Nassau County, Suffolk County, and New York City
Family law matters often involve complex court proceedings and require a deep understanding of state marriage laws. Every family law attorney at Hedayati Law Group understands the sensitive nature and inherent challenges of family law cases. Drawing upon over 150 years of combined experience, our attorneys have assisted countless families through various legal issues with a focus on the best interest of their children. If you’re seeking a lawyer to guide you through the intricacies of divorce, child custody, support, or another unresolved issue, our trustworthy counselors will walk you through every step as we protect your rights.
Whether we need to settle your case inside or outside of court, you can rest assured that our knowledgeable and compassionate attorneys and legal team will handle your case with the utmost care and precision, providing solutions as unique as you are. We assist clients on Long Island and in New York City. Contact us at (516) 334-4100(516) 334-4100 to schedule a complimentary consultation.
Key Takeaways About Family Law Cases in Nassau County, Suffolk County & New York City
- Family law cases often involve complex issues such as divorce, annulment, child custody, and alimony.
- The courts prioritize the best interests of children when deciding custody arrangements, considering factors like parental fitness, stability, and the child’s relationship with each parent.
- Legal separation provides an alternative for couples who wish to live apart without formally ending their marriage.
- New York follows equitable distribution laws for property division during divorce, meaning assets are divided fairly but not necessarily equally.
- Alimony, also known as spousal support, may be awarded based on factors including the length of the marriage, each spouse’s earning capacity, and their respective financial needs.
- Child support calculations use a specific formula that considers both parents’ incomes and the number of children involved.
- The family law process can be challenging to navigate without proper legal guidance. Attorneys at Hedayati Law Group, P.C. offer complimentary consultations to discuss your case and provide tailored advice.
Dealing with a family issue? Don’t hesitate to call (516) 334-4100(516) 334-4100 for a free consultation from our family lawyer in Long Island. We serve clients in Melville, Manhattan, and Southampton.
Types of Child Custody
Custody arrangements in New York encompass various types, each tailored to meet the unique needs of families and children. The experienced family law attorneys at Hedayati Law Group, serving Long Island and New York City, guide parents through the complexities of legal and physical custody decisions. These custody determinations often involve mediation processes and may be influenced by factors such as prenuptial agreements.
Understanding the distinctions between legal and physical custody is crucial for parents navigating the family court system because these arrangements significantly impact the child’s upbringing and each parent’s rights and responsibilities.
Legal Custody
Legal custody grants a parent the authority to make significant decisions regarding their child’s upbringing, including choices about education, healthcare, and religious practices. In cases involving domestic violence, courts prioritize the child’s safety and well-being when determining custody arrangements. The family court system considers various factors to align decisions with the child’s best interests, which may include assessing each parent’s ability to provide a stable home environment and maintain positive contact with the child. Legal custody arrangements can be influenced by property considerations and other elements of the divorce settlement.
Legal Custody Type | Decision-Making Authority | Key Considerations |
Sole Legal Custody | One parent has full authority | Child’s best interests, parental fitness |
Joint Legal Custody | Both parents share authority | Cooperation between parents, communication |
Physical Custody
Physical custody determines where a child primarily resides and which parent is responsible for daily care. Courts may award sole physical custody to one parent or opt for joint custody arrangements, depending on factors such as the child’s needs and each parent’s ability to provide a stable environment. In cases involving domestic violence or fraud, the court may limit or supervise visitation to ensure the child’s safety.
Ready to get help with your case? Contact our Long Island family lawyer online or at (516) 334-4100(516) 334-4100 today.
Parenting Time
Parenting time arrangements require careful consideration of various factors to support the child’s well-being. Courts strive to establish schedules that promote meaningful relationships between children and both parents, while addressing concerns such as each parent’s ability to provide a stable environment and meet the child’s needs. Factors like parental health, financial stability, and the ability to manage debt may influence these decisions. Additionally, the court considers each parent’s willingness to foster the child’s relationship with the other parent and their capacity to make informed decisions regarding the child’s upbringing. In cases where one parent’s actions may void their rights, such as instances of abuse or neglect, the court may limit or supervise parenting time to protect the child’s best interests.
Key Aspects of Parenting Time
- Visitation Rights: The non-custodial parent is typically allowed designated times to visit or spend time with their child, which can include regular weekly visits, holiday schedules, and vacation periods.
- Parenting Plans: A parenting plan outlines the specifics of how parents will share time with their child. It must consider the child’s best interest, including school schedules, holidays, and special occasions.
- Minimum Visitation Schedule: A typical minimum visitation schedule in New York often includes a few hours of visitation one weeknight per week and extended time every other weekend. The schedule may be adjusted based on the child’s needs and the parents’ situation.
- Joint Custody and Parenting Time: While joint custody does not necessarily mean equal physical time with each parent, it does imply that both parents share decision-making responsibilities. Joint physical custody, where the child spends almost equal time with both parents, is also possible if deemed in the child’s best interest.
- Modifications and Enforcement: Parenting time schedules can be modified if there is a substantial change in circumstances. Courts can enforce visitation orders if one parent fails to comply to protect the rights of the non-custodial parent.
Family Law and the Rights of Biological Parents
Biological parents have specific legal rights and responsibilities, including decision-making authority for the child’s education, healthcare, and religious upbringing. The attorneys at Hedayati Law Group work to establish or modify child support agreements that fairly consider both parents’ financial situations and the child’s needs.
In cases involving unmarried parents or those with non-traditional living arrangements, our attorneys help establish legal protections through contracts and agreements, addressing issues such as property rights, financial responsibilities, and parental rights for couples who choose cohabitation over marriage.
Legal Issue | Attorney’s Role | Potential Decisions |
Property Division | Negotiate fair distribution | Equitable split of assets |
Cohabitation Agreements | Draft legally binding contracts | Protected rights for unmarried couples |
Child Support Calculations | Make accurate financial assessments | Fair support payments for the child’s needs |
Family Law and Child Support
The law concerning child support in New York strives to hold parents responsible for meeting their children’s financial needs, regardless of whether they live together, with the obligation to pay child support typically falling on the non-custodial parent.
Calculation of Child Support
Basic Obligation: The law, in accordance with the Child Support Standards Act (CSSA), calculates support based on a percentage of the parents’ combined income, up to a statutory cap (which, as of 2024, is $163,000). These percentages vary, depending on the number of children:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- At least 35% for five or more children
Income Definition: Income includes wages, bonuses, dividends, unemployment benefits, and other sources of income. Deductions are allowed for specific items like Social Security taxes and existing support payments for other children.
Additional Expenses: Beyond the basic support obligation, parents may also be required to share costs for “add-on” expenses such as childcare, health care, medical insurance, and unreimbursed medical expenses. These costs are typically divided proportionally based on each parent’s income.
Enforcement of Child Support
Enforcement of child support orders requires diligent legal action, often involving the presentation of evidence to demonstrate non-compliance. Family law attorneys at Hedayati Law Group, P.C. assist clients in gathering necessary documentation and navigating the court system to ensure support obligations are met.
In cases where abuse or other serious issues are present, the court may consider these factors when determining enforcement measures, which can range from wage garnishment to contempt of court charges. The enforcement process may also involve peer review of financial records to verify income and assets, particularly in complex cases involving high-net-worth individuals or those with multiple sources of income.
- Income Withholding: Support payments can be automatically deducted from the non-custodial parent’s wages through income withholding orders for consistent and timely payments.
- Penalties for Non-Payment: Non-payment of support can lead to various enforcement actions, including wage garnishment, suspension of driver’s licenses, interception of tax refunds, and even jail time.
Modification of Child Support
Modification of child support orders in New York requires demonstrating a substantial change in circumstances, which the New York State Bar Association recognizes as a complex legal process. Family law attorneys at Hedayati Law Group, P.C. assist clients in navigating the stress of seeking modifications, whether due to job loss, increased income, or changes in the child’s needs. These skilled negotiators work diligently to present compelling evidence to the court, aiming for a fair judgment that reflects the current financial realities of both parents, including those residing in Manhattan or other boroughs.
- Identify substantial changes in circumstances
- Gather and present evidence to support modification
- Navigate the legal process with experienced representation
- Seek fair adjustments to support orders
- Address unique financial situations in urban areas like Manhattan
Duration of Child Support
The duration of child support typically extends until the child reaches 21 years of age, as outlined in the state’s acceptable use policy for support obligations. However, certain circumstances, such as the child’s emancipation or entry into a domestic partnership, may alter this timeline. Family law attorneys at Hedayati Law Group, P.C. guide clients through the complexities of child support duration, including potential modifications based on settlement agreements or judge’s orders. Our legal professionals ensure that support arrangements comply with United States federal and state regulations while addressing the specific needs of families in Nassau County, Suffolk County, and Manhattan.
Factor | Impact on Child Support Duration | Legal Considerations |
Child’s Age | Child support typically ends at 21 | State law and court orders |
Emancipation | May terminate support early | Legal process required |
Special Needs | May extend beyond 21 | Court determination based on circumstances |
Why Hire a Family Law Attorney from Hedayati Law Group?
At Hedayati Law Group, our trustworthy counselors walk you through every step, providing crucial guidance and protecting your rights as we navigate the intricate processes of divorce, custody and support of children, and property division. Our profound understanding of local laws and court procedures proves invaluable when dealing with sensitive issues like adultery or calling witnesses to testify.
Hiring a lawyer from our firm offers peace of mind and accessibility to legal resources you might not have on your own. Your Hedayati Law Group lawyer handles communications with opposing parties, prepares and files necessary documents, and represents you in court proceedings. Furthermore, our background in banking and finance offers a competitive advantage.
Let our family law attorneys provide objective advice tailored to your unique needs and circumstances. By entrusting your family law matters to a skilled lawyer from our firm, you can focus on your personal well-being and the well-being of your children while we guide you through the challenges of family law proceedings.
Hedayati Law Group Fights for You with Over 150 Years of Combined, Unmatched Experience
Hedayati Law Group serves clients throughout the New York metropolitan area, in Nassau County, Suffolk County, and Manhattan, drawing upon more than 150 years of combined, unmatched experience in family law cases involving irreconcilable differences, custody disputes, and complex divorce proceedings. Our extensive understanding of New York’s family court system and our background in banking and finance offer you a competitive advantage.
Clients benefit from the firm’s comprehensive understanding of state-specific laws, including those related to the age of consent and property division. The attorneys at Hedayati Law Group address frequently asked questions (FAQ) with clarity and precision, ensuring clients are well-informed throughout their legal journey. Their affiliation with respected bar associations underscores their commitment to maintaining the highest professional standards.
With offices conveniently located in Garden City, we extend our services to Nassau County, Suffolk County, and Manhattan residents. Hedayati Law Group’s attorneys leverage their extensive experience to provide tailored legal strategies that align with each client’s unique circumstances and goals. This personalized approach, combined with our vast legal knowledge, positions us as a formidable advocate for families facing challenging legal situations.
Emphasizing honesty, integrity, and a custom approach tailored to your needs, we believe in providing divorce solutions as unique as you are. You can count on us to fight for your best interests with unwavering dedication.
Contact us at (516) 334-4100(516) 334-4100 or complete our online form to schedule a complimentary consultation.
Hedayati Law Group, P.C. ~ We Fight for You with over 150 Years of Combined, Unmatched Experience
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Background in Banking & Finance that provides a competitive advantage
We have the knowledge, the team & Support staff for a successful case
We Are There For You Every Step Of The Way & Ready To Fight For Your Rights
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