Family Law Attorneys

In New York, child custody decisions are based on the best interests of the child standard. Courts consider a variety of factors, including:

• Each parent's caregiving history and involvement
• Stability of the home environments offered
• Each parent's physical and mental health
• Ability to meet the child's educational, emotional, and developmental needs
• Willingness to foster a positive relationship with the other parent
• Any history of domestic violence, neglect, or substance abuse
• Child’s preferences (depending on age and maturity)

Custody can be legal (decision-making authority) or physical (where the child primarily lives), and the court may award joint or sole custody based on what arrangement serves the child best.

New York uses statutory formulas to calculate temporary and post-divorce spousal maintenance, considering factors such as:

• Both spouses' gross incomes
• The length of the marriage
• Standard of living during the marriage
• Age and health of both parties
• Earning capacities and future employability
• Contributions to the marriage (e.g., supporting a spouse’s education)

Courts can deviate from the statutory formula if special circumstances exist, such as a significant disparity in incomes or unusual financial obligations. We advocate for fair spousal support arrangements, whether you are seeking or contesting maintenance.

Yes, but challenges to prenuptial agreements are relatively rare when the agreements are properly drafted and executed. A prenuptial agreement may be challenged and potentially invalidated if there is evidence of:

• Fraud or misrepresentation
• Coercion, duress, or undue pressure
• Lack of full and fair financial disclosure
• Unconscionability (terms that are shockingly unfair at the time of execution)

At Kearney Law Group, we draft prenuptial agreements carefully to minimize the risk of future disputes and ensure enforceability if challenged.

When a parent violates a custody or visitation order, by withholding the child, failing to exchange the child on time, or interfering with the other parent’s rights, the affected parent can file an enforcement petition in Family Court.

Courts take violations seriously and can:

• Modify existing custody or visitation arrangements
• Impose sanctions on the non-compliant parent
• Award additional visitation or custody time to the other parent
• Hold a parent in contempt, which can carry fines or even jail time in severe cases

We help clients file enforcement actions quickly and strategically to protect their rights and their children's well-being.

Yes. Child support orders can be modified if there is a substantial change in circumstances. Common reasons for modification include:

• Significant change in a parent's income (job loss, promotion, disability)
• Changes in custody or parenting time arrangements
• Increase in the child’s financial needs (such as medical or educational expenses)

In New York, either parent can petition the court for an upward or downward modification. We help clients gather the necessary evidence and present compelling arguments to secure appropriate support adjustments.

If you suspect that your spouse is hiding income, undervaluing property, or concealing financial assets, it's critical to act quickly.
At Kearney Law Group, we use powerful discovery tools to uncover hidden assets, including:

• Subpoenas for financial records, tax returns, and bank accounts
• Depositions to question parties under oath
• Forensic accountants to trace income, business revenues, or offshore accounts

Uncovering hidden assets ensures a fair and complete equitable distribution of marital property.

Mediation can be an effective alternative to traditional litigation for many divorcing couples. It offers benefits such as:

• Lower legal costs
• Faster resolution
• Greater privacy
• More control over the outcome

However, mediation is only effective when both parties are willing to negotiate in good faith. In cases involving power imbalances, hidden assets, or domestic violence, traditional litigation may be a safer, more effective path. We help clients assess whether mediation is appropriate and represent their interests during negotiations.

New York follows the principle of equitable distribution. This means that marital property, assets and debts acquired during the marriage, is divided fairly, but not necessarily equally.

Factors courts consider include:

• Length of the marriage
• Contributions of each spouse (financial and non-financial)
• Income and property of each spouse at the time of marriage and divorce
• Future financial circumstances and needs
• Wasteful dissipation or hiding of assets by either spouse

Separate property (assets owned before the marriage or acquired by gift/inheritance) is generally excluded from distribution unless commingled. We work to protect our clients' financial interests and ensure fair, strategic division of property.

While you are legally permitted to file a modification or enforcement petition without an attorney, having experienced legal counsel dramatically improves your chances of success.

Family Court proceedings involve strict procedural rules and evidentiary requirements. Whether seeking to change custody, adjust support, or enforce compliance, our attorneys prepare persuasive petitions, gather necessary documentation, and represent you effectively in hearings or negotiations.

Your rights, and your future stability, deserve skilled advocacy.