Family Court Custody Cases in New York: Your Guide to Protecting Your Child's Rights

Child custody disputes can be one of the most challenging aspects of separation or divorce. In New York, Family Court plays a crucial role in determining custody arrangements when parents are not married or when they are seeking a custody order separate from a divorce proceeding. Understanding the Family Court process and your rights is essential for protecting your child's best interests.   

At Veridian Legal, our experienced NYC family law attorneys are dedicated to guiding parents through the complexities of Family Court custody cases. We provide compassionate and effective legal representation to help you achieve a custody arrangement that prioritizes your child's well-being.

What is a Custody Case in Family Court?

In New York, Family Court handles custody cases when parents are not married or when they are seeking a custody order separate from a divorce proceeding. These cases are governed by Article 6 of the New York Family Court Act. A custody case typically involves determining:

• Legal Custody: Which parent(s) have the right to make major decisions about the child's upbringing, such as education, healthcare, and religious upbringing.   

• Physical Custody (Residential Custody): Where the child will live and which parent will have primary responsibility for their day-to-day care.

Key Stages in a Family Court Custody Case

1. Filing a Petition:

• The parent initiating the case files a petition with the Family Court, providing information about the parents, the child, and the desired custody arrangement.   

• The petition must clearly state the reasons why the filing parent believes the requested custody arrangement is in the best interests of the child.

2. Serving the Petition:

• The other parent must be formally served with a copy of the petition. This can be done in person by a process server or the sheriff's office.   

• Proper service is crucial to ensure the case can proceed.

3. Appointment of an Attorney for the Child:

• The court will appoint an attorney to represent the child's best interests throughout the case. This attorney is independent of both parents and focuses solely on advocating for what they believe is best for the child.   

4. Initial Appearance:

• This is the first court hearing, where the parties will be informed of the court's procedures and schedule.

• The Respondent will have an opportunity to respond to the petition and request an attorney if they cannot afford one.   

5. Discovery:

• During discovery, both parties can request relevant documents and information from each other. This may include financial records, medical records, school records, and other evidence that can help the court make an informed decision.   

6. Mediation:

• The court may encourage or order the parties to participate in mediation to try to resolve the case without going to trial. A neutral mediator will help facilitate communication and negotiation between the parents.   

7. Trial:

• If the parties cannot reach an agreement through mediation, the case will go to trial.

• At trial, both parties will present evidence and argue their case before a judge, who will then make a determination on custody based on the child's best interests.   

8. Post-Judgment:

• After the trial, the court will issue a custody order outlining the terms of the custody arrangement. This order can be enforced through contempt proceedings if either parent violates its terms.   

Preparing for a Custody Case in Family Court

• Gather Documentation: Collect important documents such as birth certificates, school records, medical records, and any evidence of your involvement in your child's life.   

• Identify Your Goals: Clearly define your desired custody arrangement and what you believe is in your child's best interests.

• Seek Legal Counsel: Consult with an experienced family law attorney who can guide you through the process, protect your rights, and advocate for your child's well-being.   

• Prepare for Court: If your case goes to trial, be prepared to present evidence, testify, and answer questions from the judge and attorneys.

Child Custody Evaluations

In some cases, the court may order a child custody evaluation to help determine the best interests of the child. This evaluation is typically conducted by a mental health professional, such as a social worker or psychologist. The evaluator will interview the parents, the child, and other relevant individuals, and may also conduct home visits or observe the child's interactions with each parent. The evaluator will then provide a report to the court with their recommendations regarding custody.   

Factors Courts Consider When Making Custody Decisions

When making custody decisions, New York courts prioritize the best interests of the child. Some factors the court may consider include:   

• The child's age, physical and mental health, and educational needs.   

• Each parent's ability to provide a stable and loving home environment.

• The child's relationship with each parent and any siblings.

• Each parent's willingness to foster a positive relationship between the child and the other parent.

• Any history of domestic violence, abuse, or neglect.

• Each parent's work schedule and ability to provide childcare.   

• The child's preferences, if they are old enough to express them.

Different Types of Custody Orders

• Sole Custody: One parent has both legal and physical custody of the child. The other parent may have visitation rights.   

• Joint Custody: Both parents share legal custody, meaning they both have decision-making authority. Physical custody may be joint or awarded to one parent.   

• Split Custody: If there are multiple children, each parent may have sole custody of one or more children.   

Modifying a Custody Order

A custody order can be modified if there has been a significant change in circumstances that affects the child's best interests. This could include a change in a parent's employment, living situation, or health, or evidence of abuse or neglect. To modify a custody order, a parent must file a petition with the court and present evidence demonstrating the change in circumstances.   

Enforcement of Custody Orders

If a parent violates a custody order, the other parent can file a petition for enforcement with the court. The court can take various actions to enforce the order, such as:   

• Ordering make-up parenting time for the aggrieved parent.

• Modifying the custody order.

• Holding the violating parent in contempt of court.

Common Concerns Regarding Family Court Custody Cases

• What if I can't afford a lawyer? Family Court custody cases can be expensive. Attorney fees, court fees, and expert witness fees can add up quickly. However, there are programs available to help parents who cannot afford legal representation, such as legal aid services or pro bono programs.   

• Time: Custody cases can be lengthy and drawn-out. It's important to be patient and prepared for the process to take some time, especially if the case is highly contested.

• Stress: Custody disputes can be emotionally charged and stressful for both parents and children. It's important to seek support from friends, family, or a therapist if you are feeling overwhelmed.   

• What if the other parent is making false accusations against me? If the other parent is making false accusations, it's important to document these accusations and present evidence to refute them.

• How can I protect my child during a custody dispute? It's important to focus on your child's best interests and avoid involving them in the conflict. You should also document any instances of abuse or neglect and seek legal advice to protect your child's safety.

How Veridian Legal Can Help

At Veridian Legal, we understand the complexities and challenges of Family Court custody cases. Our experienced attorneys can provide you with the guidance and support you need to protect your parental rights and achieve the best possible outcome for your child. We can:

• Help you navigate the legal process and understand your rights and options.

• Draft and file necessary court documents.

• Represent you in court during hearings and trials.

• Negotiate with the other parent to try to reach a settlement.   

• Protect your child's best interests throughout the process.

Contact Us Today

If you're facing a Family Court custody case in New York City, contact Veridian Legal today for a free consultation. We're here to help you protect your parental rights and ensure your child's well-being.