Suffolk County Family Law Attorneys

Over 20 Years of Results-Driven Legal Service

Based in Long Island, the Law Office of Robert H. Montefusco provides legal support for a broad spectrum of divorce law issues, including contested divorces, spousal maintenance, modifications, child custody, relocation, and much more. As a former prosecutor for the Suffolk County District Attorney’s Office, Mr. Montefusco conducted literally hundreds of trials and hearings, developing along the way a proactive, aggressive approach that he now applies to his divorce law cases.

Areas of Practice

We understand that divorce and family court matters can be difficult and contentious. That’s why we provide compassionate, attentive legal services to our clients at each stage of their legal journey.

Our firm handles family law concerns such as:

• Child custody: Child custody arrangements can be divided into two distinct types: legal and physical. Legal custody refers to the right to make decisions relating to the welfare of the child, such as their schooling; physical custody deals with which parent’s home the child lives in. If a custody dispute arises, our team is here to fight for the best interests of your child and yourself.
• Child support: Under New York law, the non-custodial parent must send support payments to the custodial parent. These payments are usually calculated using the combined gross income of the parents and the number of children involved. The courts require each parent to prepare a Statement of Net Worth. Our attorneys can help you with this sometimes confusing document.
• Child neglect – Child Protective Services: The state agency known as Child Protective Services (CPS) is responsible for examining and responding to reports of child mistreatment. Parents who are involved in a CPS case could easily lose custody of their children and may be subjected to criminal charges as well. If you have been contacted by CPS, please reach out to us so we can determine the best course of action for you.
• Enforcement and modification: Refusal to comply with a court order relating to child support or custody can subject a parent to substantial legal penalties, including fines and imprisonment. If the other parent has flouted a court order of this nature, contact us immediately so we can help. We also handle modifications of child support provisions and custody order for parents whose financial circumstances have changed dramatically since the divorce decree and/or where there have been substantial changes in circumstances affecting the best interests of the children.
• Orders of protection: In New York State, both the family court and the Supreme Court have the authority to issue an order of protection to restrain a violent or potentially violent spouse or related person as defined by the statute. Terms of these orders may include requiring the abusive parent to move out of the home or to stay away from the children. Contact us right away if you believe you may need an order of protection.
• Adoption: For many couples, adopting a child is their pathway to forming a family. There are a variety of legal issues associated with adoption, however, and you need help to ensure that the process plays out as smoothly as possible. Feel free to contact our Suffolk family law attorneys for experienced counsel regarding this area of law.
• Child visitation: Allowing a non-custodial parent to visit their children according to a court-approved schedule can be an important step in promoting the healing process for a family where the parents have separated. Sometimes, however, visitation is a contentious issue that requires court intervention. Our legal team can help you with your child visitation issues to bring about the best possible outcome for you and your children.
• Child relocation: Managing physical custody of children is often one of the most contentious issues for separating or divorcing parents. Matters can get even more acrimonious when the custodial parent wishes to relocate to another region without the approval of the other parent. Our family law attorneys in Suffolk County can aid you in sorting out this thorny issue.
• Domestic violence: At the Law Office of Robert H. Montefusco in Long Island, we understand that domestic violence is a serious matter. Victims of domestic violence in New York have the option of pursuing justice in family court as well as criminal court. Please contact us if you believe you are in need of a family court order of protection from a current or former member of your household.

Family Court

In New York State, cases involving custody, visitation, and support may be heard in Family Court. If the parties are married, those issues may also be heard in Supreme Court in connection with a divorce action. Additionally, the Family Court hears cases involving child neglect and Orders of Protection between any “family member” as defined by the statute. Family Court was created by the New York State Legislature under the Family Court Act.

The Supreme Court has general jurisdiction, meaning that it can hear most types of cases. The Supreme Court derives its jurisdiction from the New York State Constitution, as opposed to state law. Although the Supreme Court can hear the same issues that the Family Court can, many feel that the procedures are more difficult to navigate. For example, in the Supreme Court, paperwork must be filed requesting a judge to be assigned to a case, whereas in Family Court, a judge is automatically assigned. Additionally, Family Court is well versed on family law issues because it does not hear other types of cases, and Family Court has statutory exceptions which are unavailable to those filing in the Supreme Court.

Handling All Types of Divorce Cases

The dissolution of a marriage can be an emotionally trying period for those who go through the experience—not only the spouses but also any children. In many cases, the divorcing couple is able to reach an agreement regarding the fair division of assets and child custody obligations. Sometimes, though, it’s not possible for the two parties to arrive at a mutually-acceptable agreement about these issues. Contact the Law Office of Robert H. Montefusco, P.C., today to arrange a free consultation with a Nassau County and Suffolk County divorce lawyer.

Our team handles a wide range of divorce and separation issues, including the following:

• Divorce: In 2010, New York State passed a “no-fault” divorce law, which allows couples to dissolve their union if one of the spouses claimed that the marriage has been in an irreversibly dysfunctional state for six months or more. Before this law, married couples were required to file for divorce on grounds such as adultery, abandonment, imprisonment, and similar issues. Our attorneys can look at your case and help you determine the best way to pursue your divorce.
• Division of assets: The Supreme Courts in New York State follow the principle of “equitable distribution” when dividing the assets of a divorcing couple. This means that all income and property accumulated during the marriage is to be divided fairly (not necessarily 50/50) between the two spouses. However, property acquired prior to the marriage is presumed separate property and not subject to equitable division. Determining exactly who gets what depends on a variety of factors.
• High-income divorces: For high-net-worth individuals, the process of dividing assets as part of a divorce agreement can be particularly challenging. Often, there are many types of assets to be contended with which may or may not require expert appraisals, and you need an experienced lawyer in your corner to ensure that the assets are properly identified and valued. The Law Office of Robert H. Montefusco can help you sort out the potentially contentious issues involved in your high-income divorce.
• Legal separation: A legal separation essentially involves the same obligations and conditions set forth in a divorce agreement, such as division of assets, custody and support provisions, with the difference that the spouses remain legally married. The spouses are bound by a written agreement obtained through negotiations with counsel or can seek an Order of Separation by the courts. There are a number of reasons why a married couple might opt for a separation as an alternative to a divorce; our legal team can help you decide if this is the best option for you.
• Spousal maintenance (alimony): Spousal maintenance refers to regular payments that one spouse pays to the other in the aftermath of a divorce. The duration and amount of maintenance are based on multiple factors, including the length of the marriage and the earning capacity of each spouse. Our divorce and separation attorneys can aid you in resolving your spousal maintenance issues.
• Contested divorces: Couples are often unable to reach common ground on one or more matters relating to their divorce agreement. Child custody arrangements and division of assets are just a few of the issues that can lead to ugly conflicts. We draw upon years of trial experience and a tough, aggressive approach to represent your interests.
• Same-sex divorce: In New York State, same-sex marriage arrived with the passage of the Marriage Equality Act in June 2011. Same-sex couples are entitled to the same “no-fault” divorce rights as everyone else. Our law office can assist you with all aspects of your divorce, from child custody to division of property.
• Prenuptial agreements: Created prior to the marriage, a “prenup” is a legally binding agreement in which each spouse determines in advance the division of their assets in the event of divorce. Unless this document is executed correctly, it will likely not hold up in court. Contact the Law Office of Robert H. Montefusco for guidance on constructing your prenuptial agreement.