Family and Matrimonial Law
The Law Office of Jeffrey L. Emdin has over thirty years of family law experience assisting families in need in Bronx, Kings, Manhattan, Richmond, Queens, Nassau, Suffolk, Westchester and Rockland Counties. The firm's dedicated attorneys and staff will help guide you through the sensitive and complex maze of family and matrimonial law.
Our experience tells us that many family litigation cases can be settled out of court when your lawyers are proficient. This will save you much money, time, and emotional stress.
The family is one of the most critical components of any society. In reality, the family unit often forms the fabric of our daily lives. Sadly, not all that is involved in family life is clean-cut or perfect. Despite the very best intentions, there often will be family disagreements and fragmentations that could lead to legal action by a member, or members of a family against another member, or members, of the family.
There are many areas of family law that can require legal action or intervention:
Legal separation and dissolution of a marriage or domestic partnership
Custody of children in a failed marriage or domestic partnership
Division of property in the event of divorce
Emancipation of a minor
Abuse and Neglect Proceedings
Legal guardianship of a minor or older family member
Contested wills and estates
Modification of court orders
Orders of Protection
We, at The Law Office of Jeffrey L. Emdin, are committed and prepared to help our clients navigate the thorny issues which arise in almost all matrimonial, family, and ACS cases and proceedings. Our lawyers and staff possess the knowledge, experience, and compassion to ensure that the process is as stress-free as possible. We understand that the goal is to reach a fair result with as little acrimony as possible. We are here to listen and to take the lead in helping you go to the next step on the path of life you have chosen.
Statistics indicate that fifty percent of marriages end in divorce. To help meet your goals and objectives during this process, our attorneys actively consult with and keep our clients appraised of all aspects of the legal proceedings. We can assist you with securing forensic investigations of finances, investments, and perform a lifestyle analysis review. This information is often critical when entering into divorce settlement negotiations.
We have represented numerous individuals going through or considering divorce. We pride ourselves on offering the best legal counsel and services possible to those spouses seeking a divorce or separation. Our attorneys consult with and keep our clients apprised of all aspects of the legal process in order to help meet your goals and objectives. Forensic investigations of finances, investments, and lifestyle analysis can be conducted, so that all information is available for the courts, clients, and attorneys when entering divorce settlement negotiations.
Some divorce proceedings can be very amicable, and the need for legal representation involves mostly administrative activities that ensure that all decisions are equitable to both parties. For those less than friendly divorces, especially those that include custody of children, division of real estate and other property, having legal representation that you can trust and rely on is vital.
You can count on the attorneys at the Law Office of Jeffrey L. Emdin to represent and counsel you through the divorce process.
Marriage & Pre-Nuptial Agreements
A pre-nuptial agreement is an important consideration, prior to marriage, when there are unbalanced assets between the partners.
For individuals who bring large assets into the marriage, or who are self-employed, or engaged in occupations or businesses that generate assets far beyond that of your soon to be spouse, it is essential to protect those assets and the stream of assets and income that derive from the assets, in the event of divorce. The most common and sought-after legal protection is the pre-nuptial agreement.
The attorneys at the Law Office of Jeffrey L. Emdin are well versed in both the proper design of pre-nuptial agreements and the laws that govern marriage in New York State.
There are many things to consider when asking for or agreeing to a pre-nuptial agreement. This is especially important when seeking to protect individual pre marital assets , family businesses and inheritances, appreciation and transfer of those assets, and protection against current and future debt of the soon to be spouse. Our agreements will help protect your assets, provide a safeguard against the liabilities of your intended spouse, and address issues such as future income, lifestyle planning, insurance, disability and support, to name a few.
Whether you are the person asking for a pre-nuptial agreement or the person being asked to sign the agreement, you'll need competent, experienced and independent legal representation to protect yourself, your assets and your rights.
The Law Office of Jeffrey L. Emdin is here to represent and counsel you through the marriage and pre-nuptial agreement process.
Child Custody & Visitation
The dissolution of a marriage or domestic partnership is never easy. When children are involved, the situation is even more difficult as the questions of who will be the custodial parent, and the visitation rights of the non-custodial parent must also be addressed. The legal and emotional aspects of child custody and visitation rights can often be the most challenging part of the divorce process.
The attorneys at the Law Office of Jeffrey L. Emdin understand that the court process for custody and visitation cases are emotionally and psychologically draining. It is our hope and goal, that with our assistance you can arrive at an amicable agreement that serves the needs of the parents and the child(ren) alike.
Over time the needs of the custodial parent, the non-custodial parent, and the child may change. We are often consulted by a parent seeking to change or modify an Agreement or Order. A modification petition can be filed seeking a change of custody, visitation, support, or relocation among other applications for change. Courts will be called upon to determine what is in the best interests of the child and whether a change has occurred since entry of the Order or signing of the Stipulation. Having an experienced Family Law attorney is crucial to successfully petition for, or defend against, petitions for modification.
You can rely upon the attorneys at the Law Office of Jeffrey L. Emdin to represent and counsel you and your children through these emotionally trying times.
ACS Proceedings (Administration for Children’s Services)
Nothing can be more terrifying than having a child removed from your care and custody by a State agency. In New York State, any child under the age of 18 can be removed from your care without a court order by the Administration for Child Services (ACS) or the police under an emergency petition. While they may believe they are acting in the best interests of your child, a thorough investigation may reveal that the allegations stem from bias, undeveloped facts, or even from a malicious act or accusation by another.
Understanding and working through this legal process can be a long and harrowing ordeal. Should you find yourself or your child involved with ACS Proceedings (Administration for Children’s Services), you can call upon the Law Office of Jeffrey L. Emdin to diligently work on your behalf. We seek a speedy resolution so that the client’s family can be whole again. Our legal team is dedicated to reuniting the family and protecting parental rights.
Should you find ACS knocking at your door, commencing a petition for neglect or abuse, or sending you a letter indicating a finding of abuse or neglect, you MUST act expeditiously. Too much is at stake. Know your legal rights and call the Law Offices of Jeffrey L. Emdin.
Our lawyers know that the next step in process involves three separate hearings. Most of the parents (respondents) find this step to be overwhelming and terrifying. That is why you need seasoned attorneys such as Law Office of Jeffrey L. Emdin to guide you through the process.
During this step, the court convenes to hear testimony, including interviews with the children by the judge, and review evidence as presented by the ACS Attorney or appointed attorney for the child. We, as lawyers acting on your behalf, have the right to cross examine witnesses and challenge the evidence as well as present witnesses and evidence. It is at this hearing that the court determines whether the child is abused or neglected.
If the court does not dismiss the petition of ACS, this hearing will be held to determine what is in the best interests of the child. If the child has not already been removed from the home, the court at this time can issue a removal order, or can mandate services, oversight and orders of protection, if necessary. The respondents and the child’s home will then be subjected to a court-ordered investigation to be performed by ACS.
At the permanency hearing the Court determines whether the permanency plan has been successful. If the child has been removed, the hearing must take place within 12 months of the removal date and placement in foster care.
The permanency hearing is the point at which a decision is made about achieving permanency for the child.
There can be no greater stake than those at issue at a permanency hearing…… it can result in the termination of parental rights.
You can rely upon the attorneys at Law Office of Jeffrey L. Emdin to represent and counsel you and your children through the ACS (Administration for Children’s Services) Proceedings.