Criminal Defense Lawyers

New York Child Custody & Visitation Lawyer

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:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

• 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.

Navigating the Legal System

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.