We have been conducting family cases for many years. We have extensive experience, in particular in cases concerning divorce, alimony, division of property or contact with children. Below you will find a description of individual proceedings in which we specialize.
Divorce and division of property
Our attorneys have represented Clients in hundreds of divorce and property division cases, and therefore are familiar with the specifics of these matters, can predict the consequences of actions taken, as well as assess the Client’s chances.
Our attorneys have represented Clients in hundreds of Family matters are usually associated with emotions, therefore our Clients can count on our support, confidentiality, understanding and assistance throughout the whole process. During the first meeting, we try to get to know the situation, determine whether there are grounds for divorce, and then propose a course of action to the Client.
We know that these are difficult times for our Clients, so we want to relieve them of legal and procedural worries. A divorce lawyer is often the only person who can objectively look at the case, listen, and then professionally take care of the Client’s interests in court. A good divorce lawyer must keep his or her distance, yet be a supportive and a loyal ally.
One of the key issues in divorce cases is whether the divorce is at-fault or not. When both parties want to separate without any adjudication of guilt and there are no conflicts concerning common minor children, divorce is certainly less painful. However, as practice shows, in most cases the parties fight over fault, alimony, parental authority and contact with the child. Going through all this alone can be agonizing. In such situations, our attorneys provide not only professional advice, but can also be the voice of reason in matters involving stress and emotions for the Client.
We make sure that in divorce cases we do not make empty promises, but that all claims are supported by evidence. It should be remembered that the court does not know the whole truth, but only such truth arises from the case file. Our task is to provide the court with ample evidence so that the account given by the Client corresponds to the truth emerging from the court file.
When conducting divorce cases, our goal is always to make sure that children are involved as little as possible in their parents’ divorce. Because we are firmly opposed to involving children in conflicts between parents, we try to prevent this when such actions are taken by the other party.and property division cases, and therefore are familiar with the specifics of these matters, can predict the consequences of actions taken, as well as assess the Client’s chances.
Division of property
The division of property of spouses might be particularly complicated. If there was a joint property, it ceases upon divorce. As a rule, the property accumulated during the marriage belongs to both spouses (money earned, real estate purchased and movable property) and according to the law the shares of former spouses in such property are equal. However, in exceptional situations it is possible to demand that unequal shares of the property be established. It can also happen that there is a dispute as to which assets constitute joint property and which are the sole property of one of the spouses. Often, it is not only what the spouse is to receive that is in dispute, but also what the property is or how much of it should be divided between the parties.
Our attorneys are dedicated to ensuring that the division of property is carried out with maximum protection of the Client’s interests and that the Client receives as much as possible from the property.
Our observations show that for many people both these matters (divorce and division of property) are often equally important; therefore, while developing a strategy for conducting a divorce process, we try to take actions aimed at strengthening the Client’s position in a future case for division of property already at this stage.
Alimony – Parental authority – Contacts with the child
The Law Firm “Steidler | Luty | Adamski – Advocates and Legal Advisors” conducts cases on alimony and proceedings related to parental authority and contact with the child.
We attach particular importance to providing assistance to fathers of children, who often feel in an unequal position in court. On a daily basis we observe situations in which the rights of the father are being violated. We therefore take up the fight against the treatment of fathers as second-class parents, thereby separating them from their children during court proceedings. We try to counteract every manifestation of discrimination against fathers of children, because not only “there is only one mother” but also one child has a father, which is often forgotten.
However, we are equally active in trying to help mothers who are often left alone with their children, without help or means to support them. There are many situations in which the fathers of children do not take responsibility for them, and the entire burden of maintaining and raising the minor rests on their mothers. In such cases, we offer support and assistance in pursuing all related claims at every stage of the case. We put the child’s welfare first, striving to ensure that they have the best possible living conditions and that they can grow up with the participation of both the parents.
Nevertheless, there are extreme cases in which the parent’s participation in the child’s life should be limited or even eliminated. In such cases – also guided by the good of the child – we take strong legal measures to protect the child.
Cases on alimony aim at determining the justified needs of an entitled person as well as earnings and assets of the alimony payer, and in some cases only at determining grounds for modification (lowering or increasing) or annulment of the alimony obligation. Alimony may be awarded to a divorced spouse, children and relatives.
As a rule, a child support case is emotional for both sides. The person obliged to pay alimony often believes that the claim for alimony is excessive, while the person entitled to alimony overestimates the costs of his or her justified needs. That is why it is so important to properly conduct the proceedings before the court and to prove your case. It should be borne in mind that a maintenance obligation is a long-term one. The agreed alimony may be enforced for many years, thus it is extremely important to obtain the best possible result of the case.
Our attorneys handle these types of cases in an effort to achieve the best possible outcome for the client. With the assistance of an advocate you can prepare properly for the trial already at the stage of preparing the statement of claim (statement of defense), secure your interests for the duration of the trial, and then have a guarantee and sense of proper and reliable conduct of the case before the court.
Parental authority is understood as both the rights and obligations that parents have towards their children, in particular as regards the care and property of the minor and the upbringing of the child. Parental authority arises from the moment of the child’s birth and lasts until the child reaches the age of 18.
As a rule, parental authority is exercised by both parents, although after a divorce it may be vested in one parent, with the authority of the other parent limited, or left to both of them. It may also happen that a parent is deprived of parental authority.
The court may limit the authority of one parent, especially in situations where the child’s parents live apart. In this case, one parent has limited parental authority and the other parent maintains full parental authority. By limiting parental authority, the parent being restricted only has the right to participate in decisions about the most important matters affecting the child, usually those determined by the court.
In order to actually have a say in the child’s life, that person should fight during the proceedings to have the court define broad and specific rights.
Termination of parental authority is ordered when parents grossly abuse their responsibilities, or grossly neglect them, or there is a permanent obstacle to the exercise of parental authority. The court may restore parental authority to the parent who has been deprived of it, if the circumstances which were the basis of the decision on deprivation of parental authority are removed.
Right of access
Contact with the child is both a right and a duty of the parent. It is independent on parental authority. Even if parental authority is limited or removed, contact is still a right. However, this right can be regulated by the court in court proceedings.
If the parents are able to agree, this is not a problem. But this is not always the case. In order to avoid conflicts and ambiguities in the future, it is advisable to determine the exact terms of contact – the time, place and manner of picking up and dropping off the child. To this end, you should file a request for the regulation of contact with your child.
The court, in deciding on contact between a parent and their child, will take into account the best interests of the child. If the welfare of the child is at stake, the court may also limit or ultimately prohibit the contact. Our attorneys use their experience in such matters to advise on how to conduct the proceedings, what are the realistic chances for a favorable outcome, as well as represent Clients before the court.
The same applies when one of the parents does not exercise or hinders contact with the child. In such a case it is necessary to initiate court proceedings in which these contacts will be ensured. Also in cases involving parental authority and contact with children, the evidence before the court plays a key role. We therefore strive to ensure that our claims and conclusions are supported by relevant and reliable evidence.