Business Attorney in Saratoga County, NY

50+ Years of Local Experience
Extensive Family Court Experience
Child-Centered Approach
Collaborative When Possible, Aggressive When Necessary
Understanding of Local Schools & Resources
Flexible Payment Options
Free Initial Consultations

Why Choose Our Saratoga County Family Law Team

Extensive Court Experience

We’ve handled hundreds of cases in Saratoga County Family Court, Supreme Court, and local justice courts. We know the judges, understand local procedures, and can navigate your case efficiently.

Child-Focused Approach

When children are involved, their wellbeing is paramount. We work to minimize conflict and find solutions that serve children’s best interests.

Comprehensive Services

From uncontested divorces to complex custody litigation, we handle all family law matters.

Local Knowledge

We understand Saratoga County’s excellent school districts, local resources for families in transition, and community support services.

Strategic Yet Compassionate

We’re aggressive when necessary to protect your rights, but always mindful of the emotional toll family law cases take.

Comprehensive Family Law Services

Divorce

Our divorce services include:

Uncontested divorce
Contested divorce
Collaborative divorce
High net worth divorce
Military divorce

We handle all aspects: property division, spousal maintenance, child custody, child support, and debt allocation.

[Learn More About Our Divorce Services]

Child Custody & Visitation

Custody decisions are among the most important you’ll make. New York recognizes two types:

Legal Custody

Decision-making authority for major issues: education, healthcare, religion.

Physical Custody

Where the child lives day-to-day.

Custody can be:

Sole: One parent has primary authority
Joint: Parents share decision-making or physical custody

Buy-Side Representation

Custody decisions are among the most important you’ll make. New York recognizes two types:

Primary Caregiver
Which parent has been primarily responsible for daily care?

Parental Fitness
Physical and mental health, substance abuse issues, domestic violence history.

Home Environment
Stability, safety, space, proximity to school and activities.

Child’s Preferences
Depending on age and maturity, children’s wishes are considered.

Sibling Relationships
Courts prefer keeping siblings together.

Work Schedules
Each parent’s ability to provide care given employment demands.

Willingness to Co-Parent
Which parent encourages the child’s relationship with the other parent?

School Continuity
Maintaining stability in Saratoga County’s excellent school districts (Shenendehowa, Saratoga Springs, Ballston Spa) is often a priority.

Parenting Plans

Detailed parenting plans address:

Regular parenting time schedules
Holiday and vacation schedules
School breaks and summer plans
Transportation arrangements
Communication methods
Decision-making procedures
Dispute resolution processes
Right of first refusal provisions

We craft parenting plans that work for Saratoga County families, considering local schools, activities, and work patterns.

Relocation Cases

If the custodial parent wants to move away from Saratoga County, relocation proceedings are required. Courts analyze:

We represent both parents seeking to relocate and parents opposing relocation.

Child Support

New York uses the Child Support Standards Act (CSSA) to calculate support. Key components:

Basic Child Support: Percentage of combined parental income up to $168,000 (2024 cap):
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- 35%+ for five or more children
Add-On Expenses: Divided proportionally based on income:
- Childcare costs
- Healthcare expenses not covered by insurance
- Educational expenses
High-Income Cases: For income above $168,000, courts have discretion to apply the percentage or determine appropriate support based on the child’s needs.
Modifications: Support can be modified when:
- Three years have passed since the order
- Income has changed by 15% or more
- Substantial change in circumstances

We ensure support calculations are accurate and fair, whether you’re paying or receiving support.

Spousal Maintenance (Alimony)

New York’s maintenance guidelines consider:

Duration Factors: Marriage length significantly impacts maintenance duration:
- 0-15 years: 15-30% of marriage length
- 15-20 years: 30-40% of marriage length
- 20+ years: 35-50% of marriage length
Income Analysis: Complex formulas based on income disparity between spouses.
Deviation Factors: Courts may deviate from guidelines based on:
- Age and health
- Standard of living during marriage
- Earning capacity
- Education and training needs
- Childcare responsibilities
- Tax implications
- Property distribution
Modification: Maintenance can be modified upon substantial change in circumstances: job loss, serious illness, remarriage, cohabitation.

Paternity

Establishing paternity is necessary to:

Obtain child support
Establish custody and visitation rights
Provide inheritance rights
Secure health insurance for the child
Create legal bond between father and child

Voluntary Acknowledgment
Parents can sign an Acknowledgment of Paternity at the hospital or later at the Saratoga County Health Department.

Court-Ordered DNA Testing
When paternity is disputed, we petition Saratoga County Family Court for genetic testing.

Rights & Responsibilities
Once paternity is established, fathers have custody and visitation rights and child support obligations.

Orders of Protection

If you’re experiencing domestic violence, we can help you obtain an order of protection in Saratoga County Family Court. Orders can:

Exclude the abuser from your home
Prohibit contact
Award temporary custody
Require the abuser to stay away from you, your workplace, and your children’s school

We also defend clients against false or exaggerated order of protection allegations, which can impact custody and employment.

Types of Orders

Temporary Order

Issued immediately for short-term protection pending full hearing.

Final Order

After a hearing, lasting up to two years (longer for aggravated circumstances).

Criminal Court Orders

If criminal charges are filed, orders may be issued in criminal court.

Custody Modifications

Life changes after custody orders are issued. We handle modifications based on:

Relocation of a parent
Change in work schedules
Child’s changing needs or preferences
Parental substance abuse
New relationship impacting the child
Violation of existing orders

Substantial Change Required

Modifications require showing substantial change in circumstances warranting modification.

Child Support Enforcement

When a parent doesn’t pay court-ordered support, we pursue enforcement through:

Income Execution: Wage garnishment directly from paychecks.
License Suspension: Suspension of driver’s, professional, or recreational licenses.
Tax Refund Intercept: Seizing federal and state tax refunds.
Credit Bureau Reporting: Reporting arrears to credit agencies.
Contempt Proceedings: Court hearings that can result in jail time for willful non-payment.
Passport Denial: Federal arrears over $2,500 trigger passport denial.

Grandparent Rights

In certain circumstances, grandparents can petition for visitation or custody:

Visitation: When parents divorce or one parent dies, grandparents may petition for court-ordered visitation in the grandchild’s best interests.
Custody: Grandparents can seek custody when parents are unfit or when they’ve had prolonged custody of the grandchild.

Adoption

Step-Parent Adoption: When a step-parent wants to adopt their spouse’s child, terminating the other biological parent’s rights.
Contested Adoption: When biological parents contest the adoption.
Kinship Adoption: When relatives adopt children they’ve been raising.

We handle all adoption proceedings in Saratoga County Family Court and Surrogate’s Court.

Family Offense Proceedings

Family offense proceedings address domestic violence between family or household members. We handle:

Assault
Harassment
Stalking
Disorderly conduct
Reckless endangerment

These proceedings result in orders of protection and can run parallel to criminal cases.

Prenuptial & Postnuptial Agreements

Prenuptial agreements aren’t just for the wealthy—they’re for anyone wanting clarity about financial matters:

Property Protection: Designating certain property as separate property.
Business Protection: Protecting business interests from divorce claims.
Estate Planning: Ensuring children from prior relationships receive intended inheritances.
Debt Protection: Protecting one spouse from the other’s pre-marital debts.
Spousal Support: Establishing expectations regarding maintenance.
Postnuptial Agreements: Similar to prenuptial agreements but executed after marriage.

For agreements to be enforceable:

Full financial disclosure
Independent counsel for both parties
Voluntary execution without duress
Fair and reasonable terms

Separation Agreements

If you’re not ready for divorce, legal separation provides:

Court-enforceable agreements on support, custody, and property
Ability to file taxes separately
Maintains health insurance coverage
Time to reconcile before finalizing divorce

Contact Our Saratoga County Family Law Attorneys

Family law matters shouldn’t wait. The sooner you seek counsel, the better we can protect your interests and your children.

Frequently Asked Questions

How long does it take to get divorced in Saratoga County?

Uncontested divorces typically take 3-6 months. Contested divorces can take 12-24+ months depending on complexity and court schedules.

How is child custody determined?

Courts focus on the child’s best interests, considering factors like parental involvement, home stability, school continuity, child’s preferences (if age-appropriate), and each parent’s ability to meet the child’s needs.

Can I modify a custody order?

Yes, if there’s been a substantial change in circumstances warranting modification—relocation, schedule changes, new relationships, parental fitness concerns, or the child’s changing needs.

Do grandparents have visitation rights in New York?

In certain circumstances, yes. Grandparents can petition for visitation when parents divorce or one parent dies, if it’s in the grandchild’s best interests.

Can I get an order of protection in Family Court?

Yes. If you’re experiencing domestic violence from a family or household member, you can petition Saratoga County Family Court for an order of protection.

What happens if I violate a custody order?

Violations can result in contempt proceedings, fines, modified custody, make-up parenting time, and potentially criminal charges for custodial interference.