A very large part of providing family law services in New York involves helping families overcome their challenges and remain united. In truth, it is one of the most ambitious goals family law attorneys work to achieve. In many cases, our efforts fail and we must help couples end a relationship as painlessly as possible. Other times, however, our dedication pays off and we see troubled families come together and overcome the hurdles they face.
Recently in our blog, we discussed the benefits of drafting a postnuptial agreement to address any marital problems New York couples may have. We decided to continue talking about marital agreements by letting our readers know that not all prenuptial agreements are valid.
Most people entering into marriage do not consider prenuptial agreements. That's in part because being in love overrules caution in many cases. Since no one expects to get a divorce when they are preparing to marry, why bother with a prenup? Unfortunately, divorces do occur, even when couples are deeply in love at the time of their wedding.
One of the most conflict-filled areas of family law involves creating fair child custody arrangements. When parents cannot come to an agreement about child custody, a judge will make the decisions instead. For this reason, it is always better to work cooperatively with your co-parent. Successful co-parenting and custody arrangements allow you and your ex to retain control over what happens to your kids during and after divorce.
In the minds of most people, living in situations with domestic violence is not acceptable. However, many New York residents face violence in the home far too often. Sometimes, this violence is perpetrated on spouses, but children and other family members can also be victims. The main issue for most victims centers on what they can do to stop this dangerous and demeaning cycle of violence safely.
One of the most pressing concerns for divorcing parents is the well-being of their children. Unfortunately, the stress of divorce often pushes these concerns into the background. Unfortunately, sometimes parents don't even realizing that this is happening. This is especially a danger in contentious divorces when both parents are intent on getting what they want, but also getting through the process as quickly as possible.
You and your significant other get engaged. It's a wonderful day that ends with dinner at a fancy restaurant. You spend the evening talking about your wedding. Should you really be talking about a prenuptial agreement?
Imagine a judge awards you with full physical custody of your children and awards your ex-spouse with visitation rights; however, your ex hasn't once shown up to exercise his or her custody rights. Should you file a lawsuit to revoke or limit your ex's visitation rights? Or, should you be patient and hope that your ex later develops an interest in your children -- which would probably be the healthiest situation for your children in the long run?
Divorcing parents will always struggle to find a workable solution to sharing the time they have with their children. In some cases, the best way to work out a parenting plan is to share the children 50-50. This usually involves the children living half the time with one parent and the remaining time with the other. Parents might divide their kids every other week, every two weeks or split the week right down the middle. Ultimately, it's best that the plan works to provide each parent with equal weekend time to enjoy with the kids.