New York City Matrimonial & Family Lawyers
Unwavering Commitment to Helping You Reach Your Family Legal Goals
When family legal issues arise, it is essential to resolve them amicably and fairly to better protect the best interests of all parties involved. Reaching a mutually beneficial resolution to a matrimonial or family legal problem can be a demanding and extensive process, but it doesn’t have to be.
At Hamilton Clarke, LLP, our mission is to help you secure a favorable outcome as efficiently and equitably as possible.
Our New York City matrimonial and family lawyers represent clients in all aspects of matrimonial and family law, including but not limited to:
- Equitable distribution of property
- Child support
- Custody and visitation rights
In addition, our experienced attorneys negotiate and prepare pre-marital and post-marital agreements that are tailored to every client's individual needs and circumstances. Our goal is to achieve the best and most expeditious result for our clients through negotiation, mediation, and, when necessary, litigation. As such, there is no better time to begin resolving your family legal issue than right now.
Marriage between two people establishes a social and economic partnership, and the state of New York is very interested in the creation, interaction, and dissolution of this contractual relationship. But marriage, at its core, is a very emotional relationship. Given the interplay of emotion and economic entanglement, divorce and family law matters can often get complicated and feel stressful for all parties involved. Thus, our experienced lawyers will guide you through that complex process and work to eliminate as much stress as possible on your behalf.
Child Custody and Visitation
There is no greater responsibility than caring for a child. In New York, child custody is determined based on what is known as the “best interests of the child standard.” For instance, visitation rights for the non-custodial parent are presumed to be in the child’s best interest. However, determining a child’s best interest in custody arrangements is dictated by the specific facts and circumstances of each case but generally, the NY family court Judge will consider the following factors:
- Childcare arrangements
- Drug and alcohol use
- Primary caretaker
- The physical and mental health of the caretaker
- Spousal abuse
- Abuse, neglect, abandonment, and interference with visitation rights
- Home environment
- Child’s preference
- Finances of each parent
You should be aware that there are two elements of custody: Physical custody and legal custody. Physical custody involves the right of a parent to reside with their child, while legal custody involves the right of a parent to make decisions for their child. As such, the courts use a myriad of factors to determine custody of the child. Contrary to popular belief, custody determinations are gender-neutral, meaning fathers have as much right to custody as mothers, and vice versa.
Our attorneys have a wealth of experience analyzing facts and circumstances to help determine a child’s best interest, therefore we encourage you to learn more about your child custody and visitation rights today.
The obligation of parents to support their children is one of the oldest and firmest tenets of New York family law, as parental responsibility for a child is a matter of fundamental public policy. Any agreement waiving a parent’s obligation to pay basic child support is against public policy and unenforceable under most circumstances, such as if a parent terminates their parental rights to their child.
Basic child support calculations are derived by applying the child support guidelines formula. This formula factors in the income of both parents to determine the non-custodial parent’s basic support obligation. With this in mind, our NYC family lawyers will analyze your and your spouse’s financial disclosures to determine the accurate tabulation of child support payments.
Marital Agreements and Consultations
A premarital agreement, also known as a prenuptial agreement, is a contract entered by two soon-to-be spouses who wish to settle issues primarily relating to the ownership and distribution of their properties, support payments, and custody and visitation rights in the event the marriage is terminated or dissolved. To formulate an effective prenuptial agreement on your behalf, our experienced lawyers will evaluate your particular circumstances and negotiate the right agreement for you.
State & Federal Cases
We Handle Both State & Federal Cases and Are Not Afraid to Take a Case to Trial
Five Decades of ExperienceOur High-Level Trial Attorneys Bring Over 50 Years of Combined Legal Experience
Proven Track Record
We Have Successfully Handled Over 10,000 Cases
Available 24/7Being Accessible to Meet Our Clients' Needs is Important to Us