Frequently Asked Questions

Legal custody means decision-making authority for education, healthcare, and religious upbringing. Physical custody determines where the child lives and the parenting time schedule. New York courts often award joint legal custody while physical custody arrangements vary based on each child's specific circumstances and parental work schedules.

Modification requires demonstrating a substantial change in circumstances since the original order. Relocation for employment, changes in a parent's living situation, school-age transitions, or concerns about a child's safety can support modification requests. New York courts prioritize stability, so the change must significantly affect the child's well-being.

New York uses the Child Support Standards Act, which applies a percentage to combined parental income up to a statutory cap. One child is 17%, two children 25%, three children 29%. Income includes wages, bonuses, self-employment earnings, and certain investment income. Courts also consider healthcare costs and childcare expenses separately.

Investigation involves reviewing arrest reports, body camera footage, witness statements, and medical records documenting injuries. Constitutional violations require showing government actors exceeded lawful authority. Evidence development focuses on establishing what happened, whether force was justified, and documenting harm caused by the violation.

New York suspends licenses at arraignment for DWI charges, before any conviction. The suspension remains in effect throughout the criminal case unless a hardening privilege is granted. Refusal to submit to chemical testing triggers a separate DMV hearing and additional penalties independent of the criminal charge.

Uncontested divorces involve full agreement on property division, support, custody, and parenting time before filing. Contested divorces require court intervention to resolve one or more disputed issues. Financial complexity, business ownership, or disagreement about custody arrangements typically result in contested proceedings requiring litigation preparation.

Resolution often requires a licensed surveyor to establish legal boundaries based on deed descriptions and historical records. Disputes arise when fences, driveways, or structures encroach on neighboring property. Litigation becomes necessary when surveys conflict, title records are unclear, or adverse possession claims exist.

Seek medical evaluation even for delayed-onset injuries, document the scene with photos, collect witness contact information, and obtain the police report. Avoid recorded statements to other parties' insurance companies before legal consultation. Medical records linking injuries to the accident become critical evidence supporting compensation claims.

Trial occurs when plea offers don't adequately reflect case weaknesses, evidence problems exist, or constitutional violations affect admissibility. Plea negotiations consider charge severity, evidence strength, prior record, and sentencing exposure. Strategic decisions depend on suppression motion outcomes and prosecution's ability to prove each element beyond reasonable doubt.

Courts review involuntary income loss, job changes, disability, or significant increases in earning capacity. Voluntary underemployment typically doesn't justify reduction. Modification requires showing the change is substantial, ongoing, and affects ability to meet current obligations. Documentation of income changes and attempts to maintain employment matters significantly.

Work schedules, school locations, extracurricular commitments, and distance between parents' homes shape practical arrangements. Courts consider each parent's historical involvement, ability to facilitate the relationship with the other parent, and the child's age. Consistency and minimizing school disruption influence decisions, especially for families in different school districts.

Enforcement requires filing a violation petition documenting specific instances of non-compliance. Courts review whether violations are intentional, their frequency, and impact on the child. Remedies range from makeup parenting time to modification of custody arrangements. Consistent documentation of violations and communication attempts strengthens enforcement requests.