• Child Custody: Where two people have children in common, whether they are married or unmarried, they can petition the court for custody and/or parenting time (visitation) of the children. The court can help determine where the child will live, who will make the major decisions on behalf of the children and what the scheduling with the other parent will be.

• Child Support: If you are the custodial parent, in that your child lives with you more than 50% of the time you are entitled to child support based on certain percentages and calculations that the court’s set. You may petition the family court to help make those determinations.

• Modifications: If there is a change in circumstances, which requires adjustments to an existing order, you can ask the court to make those changes based on the new set of facts.

• Violations of Custody or Support Agreements: Where there is an existing agreement that the other parent is not following, you may bring an application for “contempt” in the family court. You may elect to request a “willfulness hearing,” where if it is proven that the person violated the terms on purpose, they can be punished with fines, legal fees or even jail time. However, you can also ask the court to help you enforce the order, forcing the other parent to do as they were ordered.

• Family Offenses: Where someone with a close familial relationship (parent, child, spouse, significant other, in-law, etc.) has put you in immediate fear of your safety, you may be entitled to an order of protection. The Court may grant “stay away” language, forcing the person to complete avoid contact with you, or “refrain from” language that would allow for an immediate arrest if an incident occurs.

• Guardianship/Non-Parental Custody: There are times when a non-parent wants to petition the court for “custody” of a child or children. This may be on consent of the parents or against the parent’s wishes. It may also arise after the death of a parent. We can help you navigate whether a petition for guardianship or custody is most appropriate.

• ACS/Article 10 Matters: At times, incidents occur that cause your local child services to become involved in your family affairs. At times, caseworkers will make home visits, generate reports and clear your name. Other times, they may find that behavior or failure to act is considered “abuse or neglect” and may bring a petition against you in the family court.

• Office of Child and Family Services - Fair Hearings: Where your local child services (ACS, CPS, OCFS) has found that, more likely than not, your action or inaction was a form of abuse or neglect, they may not bring a proceeding in family court. Rather, they may make a “finding” against you, which could show up in a background check as something called an “indication.” There are two ways to appeal this indication through a fair hearing. We are able to help you navigate this process.

• Uncontested Divorce: If you and your spouse have discussed obtaining a divorce and you are on the same page regarding the terms, you may be able to skip litigation and complete your divorce through paperwork alone. 

• Negotiated Uncontested Divorce: Those who have not reached an agreement on the terms of their divorce on their own, but who are committed to resolving their divorce outside of court may hire us to negotiate the terms of the divorce in a more amicable setting. 

• Contested Divorce: Spouses who are unable to communicate and know that they are not in agreement with the terms of the divorce can begin the process by negotiating and then use court intervention, or a judge, to help work out the details that cannot be negotiated. 

• Prenuptial Agreements: Couples considering marriage, who want to first understand the legal implications of their nuptials, may choose to negotiate the financial terms of their marriage before they walk down the aisle. 

• Post-Nuptial Agreements: Often times life events or financial changes may cause people to want to discuss or agree upon the financial terms of their marriage after they are already married. 

• Separation: Whether it be for the purpose of continuing healthcare, or simply as a preference, certain couples prefer to work through a separation agreement first and wait the required one year before filing for divorce. 

• Annulments: Where there are questions of legitimacy regarding the marriage, whether it be fraud, coercion or something else, the court may allow for a revision of the marriage itself. 

• Spousal Maintenance: Where one spouse makes more money and is the primary breadwinner for the household, the “less monied” spouse may ask for financial support, both through the litigation and after the divorce is finalized. 

• Division of Property: During a marriage, one or both parties may acquire certain assets. This may include bank accounts, brokerage accounts, retirement assets, houses or other valuable property. We help fairly divide what the law considers “marital property.”

• Custody: When a married couple has children, the custody of those children will also be worked out in the divorce. Custody is a two-prong decision, that includes who the children reside with and who makes decisions on their behalf. The Court will look to the “primary caretaker” and measure the parties’ ability to communicate in order to make these decisions. The non-residential parent will also be entitled to visitation, or parenting time. 

• Child Support: Likewise, the Court will intervene to make sure that the non-residential parent is paying their fair share for support of the children. There are certain set percentages used depending upon the number of children.

child services

• Article 10 Proceedings: At times, ACS or CPS may launch an investigation and determine that some form of abuse, neglect or maltreatment has taken place. If so, they may file an application with the Family Court to prosecute these actions. We represent those who are facing these proceedings, as well as “non-respondent” parents, who have not been named, but are interested in the safety of their child(ren). Our attorneys can guide you through the process. 

• OCFS Fair Hearings for Parents: Sometimes, ACS or CPS may investigate for abuse, neglect or maltreatment and decide against making an application with Family Court. However, they may still make a “finding” or “indication” against you. In these instances, you have the right to appeal with a Fair Hearing. Our attorneys are skilled in negotiating and conducting administrative hearings to dismiss or seal your case. 

• OCFS Fair Hearings for Child Care/Foster Case Agents: When something happens to a child while in your care, licensed child care providers and foster parents can be “indicated” as well. This indication could jeopardize your ability to work or foster children. Our experienced attorneys can help overturn or seal these findings through a fair hearing.

here to help

Ms. Montalto-Bly can guide you through each and every scenario of divorce and/or separation that may come your way. She prides herself on making these complex matters easier to understand and providing compassionate services that make the emotions easier to cope with. Let her guide you through your troubling time.

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