Child Custody Lawyers in New York: Fighting for Your Parental Rights
Facing a child custody battle in New York? You're not alone. Our experienced attorneys at New York Family Attorneys are here to fight for your rights and help you secure the best possible outcome for your children. We understand that custody is one of the most important determinations a court can make, and we will be your dedicated advocate every step of the way.
What is Child Custody in New York?
Child custody outlines parents' responsibilities for caring for and living with a child. In New York, there are two main aspects of custody:
Legal Custody
Legal custody refers to the right to make major decisions about a child's life, such as their education, healthcare, religious upbringing, and place of residence.
Physical Custody
Physical custody (also known as residential custody) refers to where the child lives. The parent with physical custody is responsible for the child's daily care and supervision.
Types of Child Custody in New York
New York courts can award different types of custody arrangements:
Sole Custody
Sole Legal Custody: One parent has the exclusive right to make major decisions for the child.
Sole Physical Custody: The child lives primarily with one parent, and the other parent has visitation rights.
Joint Custody
Joint Legal Custody: Both parents share the right to make major decisions for the child.
Joint Physical Custody: The child spends significant time living with both parents.
Factors Considered in New York Custody Cases
When determining custody arrangements, New York courts prioritize the best interests of the child. Factors considered include:
The child's physical and emotional well-being.
The quality of the home environment and parental guidance provided by each parent.
Each parent's ability to provide for the child's emotional, intellectual, and financial needs.
The child's relationship with each parent and any siblings.
The child's preference (if the court deems the child mature enough to express a preference).
Each parent's mental and physical health.
Any history of domestic violence, substance abuse, or child neglect.
Custody and Visitation Schedules
Custody schedules outline when the child spends time with each parent. There is no one-size-fits-all approach, and schedules can vary greatly depending on the family's circumstances. Common types of custody schedules include:
Alternating Weekends: The child spends weekends with one parent and weekdays with the other.
Week-On/Week-Off: The child alternates spending a full week with each parent.
Split Custody: Each parent has physical custody of one or more children.
Nesting: The child remains in the family home, and the parents alternate living there.
Factors that influence custody schedules include the child's age, school schedule, parents' work schedules, and the distance between the parents' homes. Our attorneys can help you negotiate a custody schedule that meets your child's needs and promotes their well-being.
Custody Evaluations
In some custody cases, the court may order a custody evaluation. This involves a neutral professional (such as a social worker or psychologist) conducting an assessment to provide recommendations to the court about custody and visitation arrangements. The evaluator may interview the parents, the child, and other relevant individuals, conduct home visits, and administer psychological tests.
Parenting Plans
A parenting plan is a written agreement that outlines how parents will raise their child after separation or divorce. It typically includes details about custody, visitation, decision-making, communication, and other important aspects of co-parenting. A well-crafted parenting plan can help reduce conflict and provide stability for the child.
Enforcement and Modification of Custody Orders
If one parent violates a custody order, the other parent can seek enforcement through the court. The court may issue orders to compel compliance or impose penalties for non-compliance. If there has been a substantial change in circumstances since the original custody order was issued, a parent can file a petition to modify the custody arrangement. The court will consider whether the modification is in the best interests of the child.
Alternative Dispute Resolution (ADR) for Custody Cases
Alternative dispute resolution (ADR) methods, such as mediation or collaborative law, can be effective ways to resolve custody disputes outside of court. ADR can help reduce conflict, promote cooperation between parents, and create customized solutions that meet the unique needs of the family.
Special Circumstances in New York Custody Cases
Certain circumstances can significantly impact custody decisions in New York:
Domestic Violence
If there is a history of domestic violence, the court will prioritize the safety of the child and the non-abusive parent. Custody orders may include restrictions on the abuser's contact with the child or supervised visitation.
Substance Abuse
If a parent has a substance abuse problem, the court may order drug testing or require the parent to participate in treatment programs. Custody or visitation may be limited or supervised until the parent demonstrates sobriety and the ability to provide a safe and stable environment for the child.
Mental Health Concerns
If a parent has mental health concerns, the court may consider the impact of those concerns on their ability to parent. The court may order a mental health evaluation or require the parent to participate in treatment. Custody or visitation may be adjusted to ensure the child's safety and well-being.
Relocation
If a parent wishes to relocate with a child, they must typically obtain permission from the other parent or the court. The court will consider the reasons for the relocation, the impact on the child's relationship with the other parent, and the feasibility of maintaining a relationship with the non-relocating parent. New York courts generally require a parent seeking relocation to demonstrate compelling reasons for the move and how it will benefit the child.
International Custody Disputes
International custody disputes involve complex legal issues and jurisdictional challenges. If you are involved in an international custody dispute, it is crucial to seek legal counsel from an attorney experienced in this area of law. The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that addresses international parental child abduction.
Grandparents' Rights
In New York, grandparents may have the right to seek visitation with their grandchildren under certain circumstances. If you are a grandparent who is being denied access to your grandchild, our attorneys can help you understand your rights and explore legal options for securing visitation.
Custody and Social Media
Social media can play a significant role in custody cases. Posts and activity on social media platforms can be used as evidence in court. It's important to be mindful of what you post online and to avoid posting anything that could negatively impact your custody case. Our attorneys can advise you on how to use social media responsibly during a custody dispute.
Enforcement of Out-of-State Custody Orders
If you have a custody order from another state and need to enforce it in New York, our attorneys can help you navigate the process. We can also assist with modifying an out-of-state custody order if necessary.
Appealing Custody Orders
If you are unhappy with a custody decision, you may have the right to appeal the order. Our attorneys can advise you on the appeals process and represent you in appellate court.
Resources for New York Custody Cases
Here are some helpful resources for parents navigating child custody matters in New York:
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A: New York courts prioritize the best interests of the child when determining custody. They consider various factors, including the child's well-being, each parent's ability to provide for the child, and the child's relationship with each parent.
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A: Yes, if there has been a substantial change in circumstances, you can petition the court to modify the custody order.Description text goes here
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A: If you plan to relocate with your child, you must typically obtain permission from the other parent or the court.
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A: Parental alienation occurs when one parent tries to damage the child's relationship with the other parent.
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A: Child support and custody are separate legal matters, but the custody arrangement can affect the amount of child support ordered.
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A: A custody forensic is an assessment conducted by a neutral professional (e.g., social worker, psychologist) to provide recommendations to the court about custody and visitation arrangements.
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A: A parenting plan is a written agreement that outlines how parents will raise their child after separation or divorce, including details about custody, visitation, decision-making, and communication.
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A: You can file a petition with the court to enforce the custody order. The court may issue orders to compel compliance or impose penalties for non-compliance.
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A: Common schedules include alternating weekends, week-on/week-off, split custody, and nesting. The best schedule for your family will depend on your specific circumstances.
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A: Yes, under certain circumstances, grandparents may have the right to petition the court for visitation with their grandchildren.
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A: Social media posts and activity can be used as evidence in court. It's important to use social media responsibly and avoid posting anything that could negatively impact your case.
Frequently Asked Questions (FAQ)
Our Firm's Experience in New York Custody Cases
At Daniel Szalkiewicz & Associates, we have extensive experience representing parents in New York custody cases. Our attorneys, Daniel Szalkiewicz and Cali Madia, are skilled litigators who are dedicated to protecting your parental rights and ensuring the best possible outcome for your children.
We understand that custody cases can be emotionally challenging. We provide compassionate and supportive legal counsel, guiding you through the process and advocating for your interests every step of the way.
Other Professionals Involved in New York Custody Cases
While you and your child's other parent are the primary parties in a custody case, other professionals often play important roles:
Attorney for the Child
The court may appoint an attorney for the child (sometimes called a law guardian) to represent the child's best interests. This attorney's role is to advocate for the child's wishes and ensure their voice is heard in the proceedings.
Forensic Psychologist
In some cases, the court may appoint a forensic psychologist to conduct evaluations and provide expert testimony. The forensic psychologist may interview the parents, the child, and other relevant individuals, conduct home visits, and administer psychological tests to assess the family dynamics and make recommendations to the court.
Parental Coordinator
A parental coordinator may be appointed to help parents resolve disputes and improve communication. The coordinator can help parents develop parenting plans, resolve conflicts, and make decisions in the best interests of the child.
Mediator
Mediation is a process in which a neutral third party helps parents negotiate and reach agreements on custody and other issues. Mediation can be a less adversarial and more cost-effective way to resolve custody disputes.
Representing Fathers' Rights
Fathers often face unique challenges in child custody cases. Our firm understands the importance of fathers' rights and can provide aggressive legal representation to ensure fathers have a voice and a fair chance at custody.
We can help fathers navigate issues such as:
Overcoming stereotypes and biases that may favor mothers in custody cases.
Proving their fitness as parents and their ability to provide for their children's needs.
Establishing a strong relationship with their children.
Protecting their parental rights during divorce or separation.
We have extensive experience representing fathers in custody cases and can help you achieve a fair and equitable outcome.
LGBTQ+ Custody Cases
We can help LGBTQ+ families with issues such as:
Establishing parentage and custody rights.
Protecting the rights of non-biological parents.
Navigating complex legal issues related to surrogacy and assisted reproduction.
Addressing discrimination or bias in custody cases.
We are committed to advocating for the rights of LGBTQ+ families and ensuring that their children are provided with loving and stable homes.
High-Conflict Custody Cases
Custody cases can become highly contentious, especially when parents have strong disagreements or personality conflicts. Our firm has experience handling high-conflict custody cases and can help you navigate these challenging situations. We can provide skilled legal representation and mediation services to help you reach a resolution that is in the best interests of your child.
We can help you with:
Managing communication and conflict with the other parent.
Protecting your child from the negative effects of high-conflict custody battles.
Negotiating a fair and workable custody arrangement.
Litigating custody disputes if necessary.
Contact us.
If you are facing a child custody matter in New York, don't hesitate to contact us for a free consultation. We can help you understand your rights and options and develop a legal strategy that meets your needs.