Frequently Asked Questions About Family Law

Are there ways to overcome a prenuptial agreement?

Never assume that a prenup is set in stone, even if you or your spouse believes it is unbeatable. If you are approaching a divorce and wonder whether you are bound by a prenup you signed before the wedding, please bring it to a family law attorney for evaluation. It may have been improperly signed, or your spouse may have failed to disclose all assets. You may have signed it under coercion or duress. Many prenuptial agreements have been overridden because a judge determined they were unjust.

How are child custody orders affected by COVID-19?

Even though your marriage is breaking down, you and your spouse likely share a strong desire for your children to be OK, no matter what comes. How will you keep your respective, newly separate households safe when one or more children are going back and forth between the two? Ask an attorney to recommend resources outlining best practices for you to aim for. We can explain the legal tools and remedies that may give you peace of mind.

What should I do if I need a modification of a court order for custody or support?

If you are asking for a modification, you should prepare compelling evidence that it will benefit your child. On the other hand, if you want to contest and prevent a proposed modification put forth by the other parent, you should consult with a lawyer who is prepared to fight for your parental rights and other interests.

What are some key recommendations for stepparents to get off on the right foot in a new family structure?

The role of a stepparent has evolved over many decades with the increase in the number of blended families. Assuming your goal is a strong marriage and stability for children that either of you brings into the marriage, you have excellent chances of discovering a positive path forward. Andrew A. Bokser can point you in the direction of resources that have helped many stepparents to make good decisions. Attorney Bokser can also advise you if stepparent adoption is your goal.

Do grandparents have rights in New York?

Grandparents’ potential rights rarely outweigh parental rights. However, when both parents are absent or unfit, or when a grandparent has established a strong relationship with a child, these facts may set the stage for the desired outcome for a grandparent, such as custody, visitation, guardianship or even adoption of a grandchild.

How can I get personalized answers to my own family law questions?

Contact Andrew A. Bokser or complete our simple online form to request a consultation at your convenience.