For many people, family is the most important thing to them. Therefore, when they go through a divorce, child custody hearing or other family law issue, it can bring about stress, anger and other heightened emotions. Nobody wants to lose control of their family, so it’s important that they understand their legal rights and the laws that apply to them.


Fortunately, New York has one of the lowest divorce rates in the country. In 2016, 12.9 per 1,000 married people got a divorce. This is the fourth lowest rate in the country, and almost half the rate of Arkansas, Idaho and Nevada, the three states with the highest divorce rates.

Still, many New Yorkers are bound to have a family law issue at some time, and when they do, they want someone they can trust. They also want someone who has the knowledge to walk them through the process. For most people, a family law issue will be the first time they have to deal with the court system, and this can seem daunting.

That’s where the Herkimer County family lawyers at The Colwell Law Group come in. We offer decades of family law experience and high levels of personalized service, so you can count on us to help during this difficult time.

We can offer assistance in the following areas of family law:

  • Divorce;
  • Divorce modifications;
  • Property distribution;
  • Finances;
  • Separation agreements;
  • Alimony;
  • Child custody;
  • Child support;
  • Parental relocation;
  • Paternity;
  • Fathers’ rights;
  • Grandparents’ rights;
  • Domestic violence;
  • Court orders; and
  • Prenuptial agreements.

Child Custody in New York

One of the biggest concerns for divorcing parents is child custody. Both parents have equal rights to both physical and legal custody of their children unless there is a court order stating otherwise. When a parent has legal custody, he or she has the right to make important decisions about the child’s care. This includes areas such as medical care, education and religion.

Physical custody refers to where the child lives. Physical custody may be shared by the parents and split 50/50. Otherwise, one parent may have sole custody, with the other parent receiving visitation rights.

The courts prefer that the parents agree on custody matters. However, if the parents cannot reach an agreement, the court will decide based on the best interests of the child. If the court makes the decisions, the parents must abide by them until the child is 18 years old. Once the child reaches that age, the child is considered an adult and the court cannot intervene in parenting matters.

Contact a Herkimer County Family Lawyer Today

If you are going through a divorce or other family situation, it’s important to have an experienced legal representative on your side. The stakes are high, so don’t try to represent yourself in such a situation.

The knowledgeable Herkimer County family lawyers at The Colwell Law Group can minimize your stress and help you achieve the outcome you desire. To see how we can help you, call The Colwell Law Group at (518) 864-0564 or contact us online to schedule a consultation today.

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