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We are a full service law firm with a focus on family law with representation customized to fit the individual client.
Through our network of affiliated attorneys, we offer representation at all levels of State and Federal
courts in Central New York, Western New York and the Capitol District. While we focus on Family Law and Divorce,
we offer an extensive range of services for clients in the areas of criminal and civil law. If you have a problem
with the police, your neighbor, your employer or the parent of your child, we can be of service.
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Family Court Versus Supreme Court
Many issues such as access (visitation), child support, custody, family offenses and maintenance
(alimony or spousal support) can be handled by the Supreme Court or the Family Court; however,
you need not have a judgment of divorce or a divorce action pending to go before the Family Court.
The Family Court uses
standard forms that can be downloaded for use directly by a party seeking relief
from the Court.
Uncontested Divorce
Divorce is determined and awarded exclusively in the Supreme Court. If you have come to an agreement
with your spouse not only about a divorce, but about all other related issues like custody, access, child
support, maintenance, and the distribution of assets, then you have an uncontested divorce. In such a
situation, you can preceed pro se (without an attorney), although it is not recommended. Due to the
importance of the nature of any such proceeding it is recommended that everyone seek the advice of
competent legal counsel. However, if you are confident in your ability and you are satisfied with your
agreement with your spouse, you may file the standardized forms for an
uncontested divorce.
Divorce
If on the other hand you are not fortunate enough to have an agreement or you need the assistance of counsel,
we are here to help you. There are procedures available to get you help from the court on an emergency
basis, which is also known as pendente lite relief. You may be entitled to a temporary but immediate award
of child support, maintenance, exclusive use of the marital residence, etc., depending upon the specific
circumstances of your case.
Legal Separation
Should you have an agreement with your spouse, but you are uncertain about getting divorced, there is the
option of a legal separation. This would confirm your agreement with all of the necessary legal requirements
that will protect its terms with the authority of a binding contract. This process also gives you time to be
certain about the dissolution of your marriage. Thereafter, once you have lived "separate and apart" for
more than one year pursuant to that agreement, you can convert it into a divorce without anything further
(except for filing certain papers and paying the fees required by New York State).
Law Guardian
In a contested case involving the custody of children or access (visitation) to them or matters dealing with
juvenile delinquency or child protective proceedings, the Court will appoint a
designated law guardian. The law guardian is the attorney that represents the interests of the minor children. They usually also represent any
minor siblings, but different law guardians can represent siblings with very divergent interests.
Custody
This essentially is the authority to make decisions for a minor child or children. There are many factors to be considered by
the court in making a custody determination that include, but are not limited to the best interest of the child and parental fitness.
In order for a court to award you custody you will need to demonstrate a history of involvement and an ability to provide appropriate
care for the minor(s) among other things. One useful factor in demonstrating a history of care and the parent-child relationship is
through the use of photographs, whether they are snapshots of the events in the child’s life or if they are done
professionally.
Judges
The most influential player in the courtroom is the judge. They can make the rules and define whether or not
you are abiding by them. Therefore, it is important to
know who is the justice or judge assigned to your case.
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Gerard R. Roux II
Attorney at Law
English Park Executive Center
336 Harris Hill Road
Williamsville, New York 14221
Tel: (716)633-3120 Fax: (716)639-8282 *
gerardroux@adelphia.net
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