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Family Law

Over the years, the Wenz Law Firm has aided countless families through various proceedings in Family Court involving paternity, child custody and visitation rights, relocations, child support payments, spousal support and Orders of Protection.

Typical proceedings in Family Court brought by petition of the mother or father of a child may include an adjudication of paternity if the parties have never been married, an award of custody, changes of custody, custody violations, relocations, parenting time, an award of child support, violation of child support, an upward or downward modification of child support. A battered spouse may petition for an Order of Protection against their spouse in Family Court prior to bringing a divorce action in Supreme Court. A former spouse may also choose to bring a custody modification proceeding or a support enforcement or modification petition in Family Court instead of bringing a post-divorce action in Supreme Court.

If you are dealing with a family court issue, we are here to help.

When we handle a family law matter, our firm works as a team to provide the most effective legal representation to protect the best interests of you and your children. We do everything in our power to advocate for our clients and make the process less confusing and less stressful.

The Wenz Law Firm Is Committed to Promoting Your Best Interests and Protecting Your Rights in Family Court Matters

Temporary Custody

At the time of separation, one of the parents may assume temporary custody of the children. The Law typically does not play a role in temporary custody arrangements so it is usually in the best interests of the children to cooperate with your estranged spouse or the putative father of your child and to provide reasonable and meaningful parenting time with the children.

To ensure the best possible outcome for the children, counseling is highly recommended. Remember, children are the most innocent and vulnerable victims in the divorce action and this can be an emotionally devastating time for them. Be vigilant that your children do not become manipulative pawns or the inappropriate source of any arguments. Both parents must avoid involving the children in your divorce or family law proceeding or discussing custody or any aspect of the litigation with the children.

Joint Legal Custody

This is when both parents have the right to make important decisions for the children regarding their education, health care, religion and general welfare while one parent is provided residential custody of the children and the other parent is provided reasonable parenting time with the children. Generally, the courts will favor joint legal custody in situations where the parents have the ability to cooperate with one another and make decisions that are in “the best interests of the children.”

Sole Legal Custody

This is when only one parent is awarded the right to make all decisions for the children regarding their education, health care, religion and general welfare. Generally, sole custody will be awarded to the parent who has been the primary caretaker of the children, is available to care for the children and can provide stability for the children. It is the duty of the court to award sole custody to the parent who under all of the circumstances can more adequately serve the children’s best interests and promote their well-being. The primary focus is upon each parent’s relative fitness, ability to provide for the children’s emotional and intellectual development, the quality of the home environment, the parental guidance to be provided, and their ability to foster a relationship with the other parent.

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