What happens in an uncontested divorce?

For couples who want to end their marriage, an uncontested divorce can be a more peaceful option. Uncontested divorces are usually quicker and more cost-effective because couples who have gone through this type of divorce are more open to working together on all aspects of the divorce.

What happens if parents are uncooperative about their child's custody?

If the parents cannot agree or are unwilling to cooperate, custody will be decided by the court in accordance with what it considers to be in the best interests of the child. The court will carefully consider the unique circumstances of each family member and make a decision based on the children's needs.

How does child support in New York works?

Legally, parents are responsible for financially supporting their children until the age of 21. To ensure the children receive adequate care, the custodial parent might need to pay child support. New York divorce cases will require that both parents evaluate their financial situation to determine if a child support order is fair. Parents must also be aware of their obligations. A set of guidelines will be used by the state to calculate and file the amount of child support that is required.

What is an unfit parent in New York?

Unfit parents are those who, by their behavior, fail to provide adequate guidance, support, or care. A parent who is unable to provide proper guidance, care, or support due to abuse, neglect, substance abuse, or other issues will also be considered unfit.

Do family courts Favour mothers?

When a court decides who a child should live with after the separation or divorce of their parents, they will always put the child's best interests first and will not automatically favor one parent over the other.

Do you need a lawyer for family court in NY?

In most Family Court proceedings, the parties have the right to a lawyer. A lawyer can be hired at your discretion. If you are entitled to a lawyer in your case, but cannot afford one, the court will normally assign one.

How can the Law Office of Richard Roman Shum help me?

Richard Roman Shum is a Manhattan family law lawyer who has the knowledge and experience to protect your rights. The Law Office of Richard Roman Shum offers a professional yet compassionate approach to family law matters. Our lawyers can help you and your family with any issue, including divorce, child custody and support, domestic abuse and violence, and other family law matters.

How do I contact the Law Office of Richard Roman Shum, Esq., PLLC?

You can call us at (646) 259-3416. You can also send us an email at richard@romanshum.com. Another way to contact us is by filling up the contact form on our website at https://www.romanshum.com/contact/

Law Office of Richard Roman Shum, Esq., PLLC.

Family Law Attorney

Experienced Manhattan Family Law Attorney | Manhattan Family Law, Child Custody, and Divorce Attorneys | Law Office of Richard Roman Shum, ESQ., PLLC | Manhattan Family Lawyer

Q: What do family lawyers do?

Family lawyers are responsible for maintaining a delicate balance between being objective when using the rules of the law system and offering a compassionate, personal approach to the families they work with. A good family lawyer should be able to play both the role of confidant and advocate. Although an aggressive, scorched earth approach might work in certain legal situations, it is not the best way to approach family law. Instead, you should be open-minded and have a sense of integrity.

Each family’s dynamics are unique. When conflicts arise, financial, interpersonal, or physical, they can affect all aspects of a family’s home life. Compared to other legal matters, family law concerns often have a more profound and long-lasting impact. Whether the concern is about separating or divorcing from your spouse, getting a protection order, retaining your visitation and custody rights, or furnishing child or spousal support, legal issues can become more complicated when family is involved.

You do not have to go through the emotional and complicated legal process alone. It is normal to feel vulnerable and overwhelmed, especially when facing serious family matters. However, regardless of your family’s unique circumstances, it is important to make sure that your rights are protected. You deserve to have a skilled attorney looking after your best interests.

At the Law Office of Richard Roman Shum, we are committed to helping families arrive at the best possible outcome with the least amount of heartache and stress possible. We provide skilled legal counsel and representation in matters of family law. Experienced Manhattan family law attorney Richard Roman Shum may be able to help you understand your rights and assist you in navigating the complexities of the New York legal system.

To schedule a free consultation with one of our skilled New York City family law attorneys, contact us today at (646) 259-3416 or fill out our online form.

“I was very impressed with how astute, detail oriented and methodical Richard is with his work. He is experienced, technically proficient, highly effective and an excellent negotiator, who is proactive and knows the law inside and out. Richard kept me informed regularly and was responsive to all my requests and queries. All the traits that any good lawyer worth his salt should possess.”

— Private Client (via Avvo.com)

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What Do Family Lawyers Do?

Family law practitioners are tasked with maintaining the delicate balance of being objective in utilizing the hard and fast rules of the legal system while offering a compassionate and personalized approach toward the families they are working with.

Of the most important hats a good family lawyer must wear, are that of advocate and confidant. While an aggressive, scorched-earth approach may work in different legal situations, family law is best approached with an open mind and a sense of integrity.

Attorney Richard Roman Shum believes in using a personalized approach to family law and in using collaborative methods where appropriate. He strives to protect his clients’ legal rights and, when children are involved, fights for an outcome that keeps the children’s best interests in mind. At the Law Office of Richard Roman Shum, it is our priority to help our clients through their legal troubles so that they may look to the future with an optimistic view.

For a free consultation with Manhattan family law attorney Richard Roman Shum, contact us today at (646) 259-3416.

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Family Law Practice Areas

Family law, as a legal practice, covers a lot of areas. The Law Office of Richard Roman Shum offers quality representation for the following legal concerns:

Divorce mediation and legal separation
Contested Divorce
Uncontested Divorce
Distribution of marital assets and debt
Child support
Joint and sole child custody
Visitation rights and parenting agreements
Prenuptial and postnuptial agreements
Modifications of court orders regarding child support, visitation rights, custody, and spousal support
Domestic violence

Our law firm provides a detail-oriented and pragmatic approach to the cases we handle. To schedule an appointment, please contact us at (646) 259-3416.

“Attorney Richard Shum assisted my family and I with a very difficult landlord. At a time of a lot of concern and uncertainty, Mr. Shum was there for us every inch of the way, his confidence and vast knowledge of the law, together with his passion for it and for helping people, provided us the serenity to go on about our life, while he took care of they daunting matter. At the end we reached an agreement only Atterney Shum could achieve. Since I recommended his service to any friends that is in need of help with legal matters, from Landlord/Tenant to family court, and in every case I receive a thank you call from said friends, following the successful outcome he provided. So, as I say to my friends, if you need an Attorney that will fight for you, and not stress you out, call this guy. you will thank me.”

— Gaby Savransky ( via Google )

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Attorney Richard Roman Shum Discusses NY Divorce Laws

There are two types of divorce in New York State: contested and uncontested divorce. The kind of divorce a couple needs is highly dependent on whether they can agree on the most significant aspects of their union.

Before the divorce is granted, the couple must meet the New York residency requirements, determine the grounds of the divorce, as well as agree upon the following matters:

Marital asset and debt distribution
Who would be paying child support to whom and in what amount
Whether spousal support or alimony would be paid and to which spouse
Who will have custody of any minor children, subject to a parenting agreement and plan to reflect the decision

Couples who reach an agreement on these significant matters may have the option of going through an uncontested divorce. Uncontested divorces are a more amicable solution for couples seeking to end their marriage. As couples who go through this type of divorce are more willing to cooperate and collaborate on the aspects of their divorce, an uncontested divorce is typically a quicker and less expensive way to end one’s marriage. With the help of a skilled Manhattan uncontested divorce attorney, filing the necessary paperwork and fulfilling the legal requirements would be considerably easier.

A contested divorce happens when a couple needs the intervention of the court to make decisions on the more sticky aspects of their divorce. When the court has decided and imposed the terms of the divorce, each spouse must strictly adhere to the New York Supreme Court’s decision. In a contested divorce, it is indispensable to have a knowledgeable New York City contested divorce lawyer to represent your interests.

Most divorce cases will inevitably involve some disputes and contention. A skilled Manhattan divorce lawyer with a good grasp of New York family law can help ensure that the couples come to a mutually beneficial outcome through negotiation, mediation, and, when necessary, litigation. Whether your divorce is contested or uncontested, our team of experienced Manhattan divorce attorneys at the Law Office of Richard Roman Shum may be able to assist you in navigating the complicated legal processes.

Contact us today at (646) 259-3416 to schedule a free consultation.

Child Custody and Visitation Rights

In a divorce, one of the most important aspects to consider is the matter of the child or children’s wellbeing. A major concern in a divorce case is how the couple will decide the matter of child custody.

New York family law has a joint custody presumption, meaning that, when applicable, courts should pursue awarding custody to both parents. This is done to avoid disrupting the child or children’s status quo. The matter of child custody is also split into two distinct sorts of custody. Physical custody pertains to which parent the child lives with, while legal custody refers to which parent will decide important decisions in their child’s life.

Sole physical custody – the child/ren will live with one parent, with the other parent being granted visitation rights
Joint physical custody – the child/ren will move between both parents at an agreed-upon parenting schedule
Sole legal custody – only one parent will have the authority to make decisions about the child/ren’s healthcare, education, and religion
Joint legal custody – the authority to decide on the child/ren’s life is shared between both parents

If parents are not cooperative or cannot come to an agreement about their child’s custody, it will be determined by the court according to what it deems to be in the child’s best interest. The court will take careful consideration of the family’s unique circumstances and decide depending on the needs of the children.

The court may consider the following when deciding child custody:

Whether there is a history of substance abuse or physical abuse in the household
The child’s relationships at school or with nearby relatives
The quality of the child’s home environment with each parent
The physical and mental health of each parent
The work schedules of each parent

The court may also take into consideration the child’s preference. If a parent disagrees with the order, getting the help of a skilled attorney is crucial. Should the court decide that either parent is unfit to get custody of the children, other family members may be granted custody of the child subject to deliberation by the court.

Under New York law, if sole custody is awarded to one parent, the court will also likely order the development of a visitation schedule for the benefit of the non-custodial parent. In cases where visiting with the non-custodial parent would put the child’s safety at risk, supervised visitation may also be granted. If the child’s grandparents on the side of the noncustodial parent would like to maintain a relationship with their grandchild, visitation rights may also be granted, should the grandparents petition the court.

Child Support in New York

Parents are legally responsible for supporting their children financially until they are 21 years of age. As such, furnishing child support for the custodial parent may be necessary to ensure that the children will have adequate care. In New York divorce cases, both parents’ financial standing will be evaluated to ensure that any child support order issued is fair and that both parents understand their obligations. The amount of child support required will be filed and calculated using a set of guidelines established by the state.

The state of New York calculates child support using fixed percentages of the parents’ combined gross income and the number of children they have at the time of divorce:

17% of the combined income for 1 child
25% of the combined income for 2 children
29% of the combined income for 3 children
31% of the combined income for 4 children
Equal to or more than 35% of the combined parental income for 5 or more children

If the children spend the majority of their time with only one parent, the non-custodial parent may be required to pay child support to the custodial parent. When parents have joint custody, it does not automatically mean that neither parent will pay child support. Typically, such family court matters will be decided by requiring the parent who earns more income to pay child support.

Additional expenses and financial obligations will be considered a shared responsibility by the parents, with costs being calculated based on each parent’s income. The child’s educational expenses and medical costs may be included in this category of shared expenses.

Hiring a skilled Manhattan family law attorney is necessary when it comes to matters involving child custody and support. Our team of experienced attorneys at the Law Office of Richard Roman Shum may be able to help you negotiate the finer points of your divorce and achieve an outcome that reflects your family’s best interests.

Contact us today at (646) 259-3416 or fill out our online form to schedule a free consultation.

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Domestic Abuse and Violence

Domestic abuse is a pattern of behavior perpetrated by a person against someone with whom they have an intimate relationship. Domestic abuse is used in a marital context by one spouse to maintain power and control over their partner.

While domestic abuse and violence are commonly depicted as physical in nature, there are other forms of abuse:

Emotional abuse
Psychological abuse
Financial abuse
Cultural abuse
Sexual abuse

Domestic abuse and violence are considered fault-based grounds for divorce under New York law. When deciding on cases of domestic abuse, New York courts will not only consider the divorcing parents but include their former partners and whether there is a chance for the behavior to affect their living situation during and after the divorce proceedings.

When abuse is a factor in a divorce, it is important to get the help of a skilled attorney who will be able to navigate the additional complexities abuse adds to a case. An experienced New York family lawyer has many courses of action and resources available to help ensure the safety and well-being of the parties involved.

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Getting the Help of Experienced Manhattan Family Law Attorneys at the Law Office of Richard Roman Shum

Family law matters can cause great anxiety and stress to everyone involved. If you are dealing with a family law issue, it is essential to hire an attorney who can understand the nuances of your case. An experienced attorney would also be able to provide you with your options and explain the legal implications of any path you choose.

Richard Roman Shum, a skilled Manhattan family law attorney, has the experience and knowledge necessary to help protect your rights. At the Law Office of Richard Roman Shum, we provide a compassionate yet professional approach to family law matters. Whether it is an issue of divorce, child custody, child support, or domestic abuse and violence, our lawyers are here to advocate for and represent your family’s best interests.

To schedule a complimentary consultation with one of our Manhattan family law attorneys, contact our office today at (646) 259-3416.

“Most kind and professional lawyer. A true gift. He saved me from the brutal claw of my management company and saved me a lot of money and pain.”

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