Family Law

Whether you are seeking a divorce, want custody of your children or are looking to change your visitation rights or child support for your children, you may be wise to hire an attorney. Especially if you are going to court and your spouse has hired an attorney of his or her own.

D'Angelo & Hashem can help:

• Get a temporary restraining order to keep your spouse from coming near you and/or your children if you feel you are in danger
• Establish or change existing child custody and visitation arrangements
• Mediate your divorce or represent you in family court or in a full divorce proceeding
• Arrange for spousal or child support payments - or get your ex to pay if they haven't

FAQs

If I move out and leave my kids with my spouse, will it hurt my chances of getting custody later?

Yes. Even if you leave to avoid a dangerous situation, you shouldn't leave your children behind if you want physical custody of them later. You're not breaking any laws by leaving the kids with your spouse -- unless your spouse harms the children, and you had reason to believe that could happen. However, if you leave, it sends a message to the court that your spouse is just as suitable for physical custody as you are. Also, assuming the children stay in the home where you lived as a family, continue in the same school, and participate in their usual activities, a judge may be reluctant to change physical custody, if only to avoid disrupting the children's regular routines.

What should I do if my ex refuses to pay court-ordered child support?

D'Angelo & Hashem can work with the district attorney in your state to collect the child support your ex-spouse owes. Sometimes that means serving your ex with papers requiring him to meet and arrange a payment schedule, and threatening jail time if he refuses to pay or meet. If your ex-spouse has moved out of state, we can help you locate him. In order to get you the money owed, we may be able to:

• Intercept your ex's tax refund
• Attach his wages or seize his property
• Suspend his business or occupational license or even revoke his driver's license until he pays
• As a last resort, get the court to impose a jail term

How do I get custody or visitation orders changed?

Once your divorce is final, you and your ex-spouse can agree to change the terms of visitation or custody. However, unless the court approves the change, you may not be able to enforce it if your spouse reneges on the deal. The court will usually approve modification agreements unless they aren't in the best interest of the child.

If you want to change an existing court order and your ex won't agree to the change, you'll need to file a motion (a written request) asking the court that issued the order to modify it. D'Angelo & Hashem can also help you with this. Courts usually approve the modification if you can show that your ex had a "substantial change in circumstances" such as moving far away or a change in his lifestyle that may threaten or harm your child (like drinking heavily or working nights and leaving the child alone.)