A family of six sitting around the dining room table holding hands around the food

Family law in New York covers issues such as divorce, custody, visitation, child support, and property division. These cases often involve emotional and financial stress, which is why having the right legal guidance matters. At The Gilmer Law Firm, PLLC, we help parents and spouses protect their rights, secure their futures, and resolve disputes with compassion and strength.

What Does a Family Law Attorney Do in New York?

A family law attorney in Brooklyn represents clients in legal matters involving family relationships, including:

Our firm provides both courtroom representation and negotiated solutions, always with a focus on your family’s best interests.

Custody in New York: Legal and Physical Custody

Child custody is divided into legal custody and physical custody.

  • Legal Custody: The parent with legal custody makes major decisions about the child’s education, healthcare, and upbringing. Courts may award joint legal custody, requiring both parents to agree on these decisions, or sole legal custody if joint decision-making is not in the child’s best interest.
  • Physical Custody: This determines where the child lives. Joint physical custody is rare unless parents agree and live close enough to make it workable. The parent with physical custody provides the primary home, while the other parent usually has visitation (parenting time).

Courts base custody decisions on the best interests of the child, not the parent’s gender or financial status.

When Do I Need to File for Custody in Court?

Parents are encouraged to work out custody agreements outside of court whenever possible. However, filing a case in Family Court (or Supreme Court if the parents are married) may be necessary when:

  1. Parents cannot agree on custody or visitation terms.
  2. A child is at risk of harm or neglect.
  3. A parent wants to establish or modify custody rights.

Judges consider many factors when deciding custody, including:

  • Each parent’s ability to provide stability
  • Any history of domestic violence, substance abuse, or neglect
  • The mental and physical health of the parents
  • The child’s relationship with each parent
  • In some cases, the child’s own preferences

The court may also order investigations, forensic evaluations, or appoint a law guardian to represent the child’s wishes.

What Happens If a Parent Violates a Custody or Visitation Order?

If a parent does not comply with a court order, the other parent can file a violation petition. Possible consequences include:

  • Contempt of court
  • Fines or penalties
  • Temporary or permanent modification of custody
  • In extreme cases, incarceration for repeated violations

The court prioritizes the child’s well-being and may change custody arrangements if violations continue.

Divorce in Brooklyn, NY

Divorce often involves difficult questions about property, support, and parenting. Since 2002, we have helped hundreds of clients in Brooklyn and throughout New York handle:

  • Uncontested Divorce: Affordable, efficient solutions when spouses agree on terms.
  • Contested Divorce: Strong advocacy when disputes involve custody, property, or support.
  • Property Division: Protection of homes, businesses, savings, and investments.
  • Spousal Maintenance (Alimony): Ensuring fair financial arrangements after separation.
  • Child Support Modifications: Adjustments based on changes in income or needs.
  • Prenuptial & Cohabitation Agreements: Enforceable agreements that protect both partners’ rights.

Domestic Violence and Family Offense Matters

Family law also includes cases involving domestic violence, orders of protection, and neglect or abuse proceedings. These cases can impact custody, visitation, and support orders. We represent parents on both sides of these sensitive matters to protect safety and parental rights.

New York Family Court Locations

If you’re navigating a family law issue in New York City, it’s helpful to know where your case may be heard. Each borough has its own Family Court. Below are the locations and contact details for all five:

Manhattan (New York County) Family Court

Address: 60 Lafayette Street, New York, NY 10013
Located in Lower Manhattan, between Franklin and Leonard Streets.
Phone: 646-386-5200

Brooklyn (Kings County) Family Court

Address: 330 Jay Street, Brooklyn, NY 11201
Situated in Downtown Brooklyn.
Phone: 347-401-9610

Queens County Family Court

Address: 151-20 Jamaica Avenue, Jamaica, NY 11432
Across from Rufus King Park.
Phone: 718-298-0197

Staten Island (Richmond County) Family Court

Address: 100 Richmond Terrace, Staten Island, NY 10301
Two blocks west of the St. George Terminal.
Phone: 718-675-8800

Bronx County Family Court

Address: 900 Sheridan Avenue, Bronx, NY 10451
Located at the corner of East 161st Street.
Phone: 718-618-2098

Contact a Brooklyn Family Attorney

Whether you are facing divorce, seeking custody, or addressing support issues, you do not have to go through it alone. At The Gilmer Law Firm, PLLC, we provide experienced representation in Brooklyn family law cases. Call us today to discuss your situation and learn how we can help.

FAQs

What factors does a New York judge consider when deciding custody?

Judges consider the child’s best interests, including each parent’s stability, ability to provide care, history of abuse or neglect, mental health, and sometimes the child’s own wishes.

Can custody orders be modified after they are issued?

Yes. Custody and visitation orders can be modified if there is a substantial change in circumstances, such as relocation, health issues, or concerns for the child’s safety.

How long does a divorce take in New York?

Uncontested divorces may be finalized in a few months, while contested divorces involving custody or property disputes can take much longer, sometimes over a year.

Do grandparents have custody or visitation rights in New York?

In some cases, yes. Grandparents may petition for visitation or custody if it is in the best interests of the child, especially when a parent has died or extraordinary circumstances exist.

Can I represent myself in a family law case?

While it is possible to represent yourself, family law cases involve complex rules and high stakes. Having an attorney improves your ability to protect your rights and your child’s future.

What if my spouse refuses to sign divorce papers?

If your spouse refuses, the case becomes contested. You can still proceed with the divorce, but the court will decide issues such as property division, custody, and support.