Blog
New York Child Custody & Visitation Lawyer
Contents
- 1 Dealing with Child Custody in New York? Here’s What You Need to Know
- 2 Understanding Custody Types in NY
- 3 Factors Courts Consider
- 4 Visitation Rights in NY
- 5 When Custody Battles Get Ugly
- 6 Understanding Child Custody in New York
- 7 Visitation: When You’re Not the Custodial Parent
- 8 Custody Battles: A Primer
- 9 Factors the Court Considers
- 10 Custody Modifications: When Circumstances Change
- 11 Navigating the Legal System
- 12 Custody Evaluations: Preparing for Battle
- 13 Co-Parenting and Parallel Parenting
- 14 The Spodek Law Group Difference
Dealing with Child Custody in New York? Here’s What You Need to Know
So, you’re facing a child custody battle in New York, and you’re not sure where to start, right? Take a deep breath – we’ve got you covered.When it comes to custody cases, the courts always put the child’s best interests first.1 But, what exactly does that mean for you? Let’s break it down.
Understanding Custody Types in NY
There are two main types of custody in New York: legal and physical.1 Legal custody is all about decision-making power for major issues like education, healthcare, and religion. With joint legal custody, both parents have an equal say. Sole legal custody gives one parent the final word.Physical custody, on the other hand, determines where the child lives.1 Joint physical (or shared) custody means a roughly 50/50 split of time with each parent. If one parent has the child more than half the time, they have primary physical custody.
Factors Courts Consider
So, how do judges decide what’s best for your kid? They look at a bunch of factors, including:2
- Each parent’s ability to guide and nurture the child
- The child’s emotional ties with parents and siblings
- Each parent’s work schedule and living situation
- Any history of domestic violence or substance abuse
- The child’s preference (if they’re old enough)
The court aims to keep things as stable as possible for the child.2 If one parent has been the primary caregiver, that’s a big factor.
Visitation Rights in NY
But what if you’re not getting custody? Don’t worry, you’ll likely get visitation rights as the non-custodial parent.4 Grandparents and siblings may also request visitation in some cases.4Courts are pretty strict about protecting that parent-child bond through visitation – they’ll only deny it if there’s a real risk to the child’s wellbeing.4 Even if you’re behind on child support, visitation is still separate.4
When Custody Battles Get Ugly
You’re going through a divorce, or a breakup with your child’s other parent. And now, the unthinkable is happening – a fight over custody. Emotions are running high, tensions are through the roof. But, take a deep breath. We’re here to help guide you through this difficult situation.
Understanding Child Custody in New York
In New York, there are two main types of custody: legal and physical. Legal custody refers to the right to make major decisions about the child’s upbringing, like education, healthcare, and religion. Physical custody is about where the child lives.Custody can be:
- Sole (one parent has full custody)
- Joint/Shared (both parents share custody)
The court’s main consideration? The “best interests of the child.” This takes into account factors like:
- Each parent’s ability to care for the child
- The child’s relationships with each parent
- Any history of domestic violence or substance abuse
- The child’s wishes (if they’re old enough)
So, what do you do, if you get hit with one of these things? You fight, and you fight hard. But with an elite legal team by your side.
Visitation: When You’re Not the Custodial Parent
If you don’t get primary physical custody, you’ll likely get a visitation schedule. This outlines when you can see your child. The standard? Every other weekend, plus some holidays and vacation time.But visitation isn’t set in stone. If circumstances change, you can request a modification. Maybe you got a new job, or the other parent is being uncooperative. The court will consider what’s best for the child.
Custody Battles: A Primer
Custody cases are highly emotional, and often messy. Accusations fly, tempers flare. But here’s the thing – you need to stay calm, and have a solid legal strategy.That’s where we come in. At Spodek Law Group, we’re not just attorneys – we’re warriors for your parental rights. We know the ins and outs of New York custody law. And we’ll fight tooth and nail to get you the best possible outcome.
Factors the Court Considers
So, how does a judge decide custody? It’s not just a coin toss. They look at a range of factors, including:
- Each parent’s work schedule and ability to be present
- The child’s ties to their community, like school and friends
- Any special needs the child has, and each parent’s ability to meet them
- Evidence of domestic violence, substance abuse, or other issues
- The child’s preference (if they’re old enough)
It’s a delicate balancing act. But with the right legal representation, you can make a strong case for why you should have custody.
Custody Modifications: When Circumstances Change
Life doesn’t stand still. Jobs change, people move, new partners enter the picture. When big life events happen, you may need to modify your custody arrangement.In New York, you’ll need to show a “substantial change in circumstances” to get a modification. Maybe the other parent is being uncooperative with visitation. Or perhaps you’ve remarried, and your new spouse can provide more stability.It’s not easy to get a modification. But with skilled legal advocacy, you can make a compelling case for why the current arrangement needs to change.
Custody cases involve a lot of moving parts – court appearances, paperwork, negotiations with the other side. It’s a maze, and one wrong turn could derail your case.That’s why you need an experienced child custody attorney in your corner. Someone who knows the system inside and out. Who can anticipate the other side’s moves, and counter them effectively.At Spodek Law Group, we’ve been through this rodeo before. We know what it takes to win custody battles. And we’ll put that expertise to work for you and your family.
Custody Evaluations: Preparing for Battle
In many custody cases, the court will order a forensic evaluation. This is an in-depth assessment of each parent’s fitness, home environment, and relationship with the child.It’s high-stakes – the evaluator’s recommendations can carry a lot of weight with the judge. So you need to be prepared. We’ll help you understand what to expect, and how to put your best foot forward.From coaching you on interviews, to making sure your home is evaluation-ready, we’ve got you covered. It’s all about showing the court that you’re the ideal custodial parent.
Co-Parenting and Parallel Parenting
Even if you don’t get primary custody, you’ll still need to co-parent with your ex to some degree. For some, that means a true co-parenting relationship with open communication.For others, “parallel parenting” is more realistic. You run your respective households, with minimal interaction beyond logistics.Either way, having a solid legal agreement in place is crucial. It lays out schedules, decision-making protocols, and rules you both need to follow. We’ll make sure that agreement protects your rights as a parent.
The Spodek Law Group Difference
At the end of the day, custody cases come down to having the right legal team in your corner. One that understands the emotional turmoil you’re going through. That treats you with compassion, and fights relentlessly for your interests.That’s the Spodek Law Group way. We’re not just attorneys – we’re counselors, strategists, and advocates rolled into one. When you hire us, you get:
- Attorneys who have been through countless custody battles
- A team that will leave no stone unturned in pursuing your goals
- Compassionate guidance through one of life’s most stressful events
- Tenacious courtroom advocacy, every single time
It’s simple. Every single client deserves honesty and white glove service. No matter how complex your situation is, we’re ready to take it on.So if you’re staring down a custody fight, don’t go it alone. The stakes are too high. Hire the elite legal warriors at Spodek Law Group. Your children’s future is on the line – let us help you protect it.