Bronx Child Custody Attorneys
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Child custody cases in New York are governed by statutes and case law. Those laws require the judge in a child custody case to consider certain factors and order a custody schedule that is in the best interest of the children. Bronx child custody attorneys can provide legal representation to parents in child custody cases to help pursue the custody schedule they seek to obtain.
What factors does a judge consider in a child custody case?
In every child custody case, the judge is required to consider any relevant factor. The law requires the judge to consider some specific factors. These include the following:
1)The wishes of the parents: the judge will consider the custody schedule and concerns expressed by each of the parents. The motivation behind why the parent is requesting that schedule is also a relevant factor.
2) The children’s wishes: the court will consider the wishes of the children as to custody, provided the child has sufficient maturity to express and articulate the reasons for their wishes. In general, the court will give more weight to the wishes of older children than younger children. The court will also consider the reasons behind the child’s wishes, also whether the expressed wishes have been wrongfully influenced by a parent.
3) The character of the parties: the court may consider the character of each of the parties. This includes consideration regarding any criminal conduct of either party or other type of wrongdoing. The court may also consider issues related to the credibility of the parties. Criminal records and evidence of other conduct related to character may be presented to the court.
4) The circumstances of the parties: the court may consider the financial situation of each of the parties, job schedules, availability to provide care for the children, physical limitations, mental issues, and any other circumstance that may have an impact on the party’s ability to parent their children.
5) The relationship of the children to the parties and others: evidence related to the historical relationship of the children to the parents, siblings, step siblings, and other family members may be relevant to a child custody case. For example, if one of the parents has traditionally been the primary caretaker of the children, then that factor would weigh in favor of that parent.
6) Stability and continuity: an important factor the court considers in a child custody case is the desire to promote stability and continuity in the lives of the children. Preserving the status quo for the children and the routine that they know may be important in any case. Further, the ability of a parent to provide a consistent living environment and reduce the chance of uncertainty is important.
7) Domestic violence: consideration must also be give to whether there have been any acts or threats of domestic violence from either of the parties. This includes incidents that did not result in formal criminal charges.
8) Substance abuse: because substance abuse may affect a parent’s ability to provide their full attention to the children, the court may consider alcohol abuse, illegal drug use, and prescription drug abuse in a child custody case. In some situations, the court may require drug or alcohol testing as a condition of visitation.
What custody schedule with the court order?
After considering the relevant factors, the court will order a custody schedule for the parties to follow. If the court orders a joint custody schedule, then the parties will each have a significant amount of time with the children. In situations where there is a risk of abuse or neglect, the court may require one of the parents to have supervised visitation. The court may include additional provisions setting forth various requirements for the parents to follow, including limitations on relocation, requirements to provide information to the other parent, limitations on who the children can associate with, and so on.
How can Bronx Child Custody Attorney help?
Parents who are needing to establish a child custody order or modify an existing order should contact a child custody attorney for legal representation. A child custody attorney can help present a parent’s case to the court and provide evidence to support your position. A child custody attorney can explain how the law applies to your situation and assess the strengths and weaknesses of your case. An attorney will advocate on your behalf and file the necessary paperwork to pursue the custody schedule and specific provisions that you desire.
Contact a Bronx child custody attorney as soon as possible if you have questions about child custody in New York or seek to retain legal counsel.
In New York, a custody order is used to give one or both parents responsibility for a child’s current and ongoing care. In addition, a custody order may also issue responsibility of a child’s care to an individual other than the parents. Custody in New York can be broken down into two parts that include legal and physical custody. A court has the right to issue custody orders on children until they are 18 years of age. When there isn’t a court order, legal and physical custody of the child will be equally divided between the parents.
Legal and Physical Custody
Parents who have legal custody have the right to make significant decisions about the care and upbringing of the child, which may include educational, medical, or religious decisions.
Physical custody is also referred to as residential custody. The parent who has physical custody is responsible for the physical supervision and well-being of the child.
Help With Custody Orders
Those who are in need of a custody order may be confused about where to begin. Should you file a petition first? Or would it be more suitable to handle proceedings through mediation? Making the right decision can be difficult, but a family law attorney can provide guidance through the custody process, which helps the process move smoothly.
Those who currently have a visitation or custody order may ask the court to modify the order through the Custody Modification Program. In addition, when the custody order is not being followed, the court will need to be notified so it can be enforced.
Best Interest of the Child
In New York, there isn’t a standard defination that explains the best interest of the child. In general terms, it typically focuses on factors that a judge will take into consideration when deciding custody. However, in New York, a judge’s should base his or her decision on the health and safety of the child.
New York isn’t biased to mother’s when it comes to custody. The court will grant custody and visitation based on the best interests of the child. In New York, fathers have the same rights to custody as mothers.
Factors That Influence a Child Custody Decision
A judge will consider several factors when determining the best interest of the child. Some of these factors may include:
Which parent primarily nurtured and cared for the child;
The physical and mental condition of each parent;
If domestic violence has been an issue in the past;
The lack or abundance of parenting skills;
Work schedules and daycare plans.
In addition, depending on the age of the child, a judge may ask the child what he or she wants in regards to visitation anc custody.
Sole and Joint Custody
Joint legal custody is when both parents must consult with each other when making significant decisions about the child. Sole legal custody gives one parent the right to make decisions about the care of the child.
Joint physical custody is when both parents share residential custody of the child. In most cases, parents will share the time equally. If a parent has physical custody of a child more than half of the time, then he or she is considered the primary residential parent, which allows them the authority to make some decision when the other parent isn’t present. Sole physical custody is when one parent has physical custody of the child, and the other parent has limited or supervised visitation.
What is an Ex Parte Order?
When a judge grands an order based only on information, it is known as an ex parte order. This information is usually in the form of testimony from one parent. Many judges will issue an ex parte order during family offense proceeding, which is when one parent is trying to obtain an order of protection against the other parent.
When ex parte orders are issued, a judge will set a court appearance to give the other parent the opportunity to provide his or her testimony in response to the other parent allegations. During this time, a judge may either continue, modify, or terminate an order of protection.
Contact a Family Law Attorney
When you are going through a custody hearing, a family law attorney can make the process easier and protect your parental rights. If you need assistance with parental custody, contact a Bronx family law attorney today. The best way to increase a successful outcome is by obtaining the help of a reputable family law attorney.
Child custody cases are among the most complex and emotional of all cases heard in family court. Spending one single day without your child is a thought you simply can’t bear, though if a judge orders custody of the kids with your ex-spouse, this may very well become a reality. When you hire a Bronx child custody lawyer, you can rest assured that the best interests of the child determine the outcome of the case and spending days without your children is an unlikely event. It is essential that an attorney represent you during a child custody hearing. Anything can and will happen during a custody case and you must be prepared. With an attorney standing by your side, you are ready for anything that might come your way.
Who Gets Custody of the Kids?
Courts do not favor one parent over the other during child custody cases, despite many people believing that custody is preferred with the mother. The courts are concerned only with the child receiving the care that he or she needs to thrive in life, and will use numerous factors to help determine how this will be implemented. Factors that the courts use to help decide child custody cases include:
– Living conditions of the child
– Parent-child relationship
– Parental history, i.e. history of abuse, negligence, domestic violence
– Child’s physical and emotional health
– Parent’s character/physical health
In many custody cases, the lawyer can assist the couple in setting a parenting plan with the court, eliminating the need for a judge to decide custody. Your attorney helps prepare a plan that works for both parents, in your favor, of course. The lawyer will ensure that factual information is presented to the court in cases where an agreement is unable to be reached.
Types of Child Custody in New York
In New York, several types of custody arrangements exist. A judge may order any of these custody types when hearing your case. The facts presented during the hearing weigh heavily on the judge’s decision.
Full Custody: Full custody of a minor child is granted by a Suffolk County judge. As a full custody parent, you’re in full control of the children and all decisions made on their behalf. For example, a full custody parent can determine the location of residence of the minor children, the doctors they visit, etc.
Physical Custody: Physical custody is custody based upon the child’s residence. The parent who has physical custody is responsible for making decisions for the child, but may not interfere with the other parent’s right to the visiting or speaking to the child.
Joint Custody: Joint custody is an arrangement set forth by the courts granting both parents custody of the child. The court, together with the parents and their counsel, work to determine the length of time the child will spend at each residence, as well as when this will occur.
Your Bronx child custody lawyer can help with each of these custody types and fight for your desires in the matter, always putting the best interests of the child first, of course. The judge is looking at many factors when deciding which parent should receive custody of the minor children. The attorney ensures that the facts presented to the court are accurate, insightful, and represent you in the manner in which represents you on a daily basis.
The attorney also helps present to the court any information concerning the other parent which should be considered when determining custody. There’s many pieces of information that can weigh on the judge’s decision when deciding custody. Your lawyer will help uncover any information about the other parent that the court should hear.
Talk to a Bronx Child Custody Lawyer
When you hire a Bronx child custody lawyer, you can expect the best outcome in your case, as well as a peace of mind and assurance that you wouldn’t otherwise feel. It is important to speak to an attorney as quickly as possible so you can begin preparing for your case with the legal expertise and guidance that you need. Your kids are far too important to risk going to court without an attorney. Schedule a free consultation with an attorney, and start easing your worries as you learn exactly what these legal experts can do for you.
Custody decisions are determined by what’s in the best interest of the child. This is commonly referred to as a legal standard. It does not give the upper hand to either parent. The standard strictly goes by what is in the child’s best interest regarding who raises them and how they are raised.
Parents who can put their child first and set aside any hatred or hostility may try mediation. During mediation, both parents will try to come to an agreement with the help of their attorneys about issues related to their child. The mediation agreement must be approved by family court. This makes the agreement a court order. The court order can be modified at any time.
If the parents cannot agree and it is up to the court, a judge will use the standard of what’s in the child’s the best interest. To do this, the judge will look at a lot of factors such as:
• Each parent’s ability to cooperate with each other regarding the needs of their child
• Each parent’s ability to raise their child
• Each parent’s mental and physical health
• The child’s preferences
• Any history of domestic violence in the family
• Each parent’s work schedule
• Any incidents of any mental or emotional abuse of the child
• If there are any other siblings and where they reside
The order of the court is not permanent. It can be modified at any time. However, a parent must show the change in circumstances requires a modification to meet the best interest of the child.
What Type of Child Custody Arrangement will the Court Order?
The exact child custody arrangement will depend on the specific case. A judge will make a determine on two types of child custody: physical and legal child custody.
Physical child custody determines where the child permanently resides. Sole physical custody grants one parent the right to live with their child. The other parent only receives the right to visit their child according to a visitation schedule.
Joint physical child custody allows a child to live with both parents. Each parent has 50 percent of their child’s time. The child may live with one parent during the school year or during the summer.
The other type of child custody is called legal custody. This does not determine where the child lives, but how they are raised. Sole legal custody allows one parent to make all the decisions about whether their child will attend a private school, practice one faith or receive certain medical care.
Joint child custody is granted to both parents. This gives each parent the legal right to make decisions about how their child is raised.
A parent can have sole physical custody, but share legal custody with the other parent. A parent can have sole physical and legal custody. Each parent can have joint physical and legal custody. Each decision depends on the circumstances and what is in the child’s best interest at that time.
Contact a Brooklyn Child Custody Attorney to Discuss Your Child Custody Case
You are probably scared the worst will happen. No one wants their child taken away from them. No one wants to visit their child or not be able to make decisions about how they are raised.
The first thing to do in a child custody case is to remain calm. The next is to contact us about your child custody case. We will explain your child custody options and fight for you and your child. Let’s discuss your child custody case during an initial case evaluation.
You are sick at heart because you never thought this day would come, but it’s here anyway, and you have to deal with it before things go from bad to worse. You are in the last stages of divorce or separation, and it’s now official that you are facing the typical nasty and contentious child custody battle. Losing child custody case could be a horrifying experience for any parent. The thought that the judge might decide your child is better off with someone else can be difficult to accept. However, you are confident that you will fight as hard as you can to win back your kid. How do you go about it? You are seething and confused at the same time. What happens next? Will you win the case? These are some of the questions that invade your mind during such times. However, you should relax because all you need is an experienced divorce lawyer on your side. Why?
They Will Make You The Court System’s Favorite
The divorces process is usually cumbersome and provoking for anyone experiencing it. During these difficult times, a person may act unreasonably, and this may sabotage his or her case. The court will evaluate your behavior throughout the proceeding to determine if you have the best interests of the child. It is, therefore, important to behave accordingly. Child custody lawyers on your side are likely to help you behave well during the process. The lawyers will help you gather enough evidence to demonstrate that you understand your child’s routine, liking, needs, tastes, and care besides. A reputable divorce attorney will work round the clock to ensure the court decides you are the best-suited parent to stay with the child.
Narrow The Issues
Most people lose in custody battles because they bring every issue in the court. Presenting pointless issues during divorce proceedings displays confusion and unpreparedness to take care of the children in the event that the court decides to put them under your care. Skillful child custody lawyers will help you decide which of your kid’s custody and visitation disputes are worth fighting for and which ones are not. These legal experts are usually careful to ensure you have the facts and the law on your side when you walk into a courtroom.
Gather Convincing Evidence
For you to win a child custody battle, it’s important to note that legal representation is quite important. Knowledgeable divorce lawyers will help you gather relevant witnesses and documents before you step into a courtroom. They will use all the evidence like emails, text messages, medical records, and police reports to argue the facts out and secure your interests. The adroit bronx child custody lawyers are all you need on your side because of their preparation and attention to details.
Help You Focus On The Custody Topic
Inexperienced lawyers usually get caught up in unnecessary issues, and this may jeopardize a custody case. Needless issues can cause misconception and may lead to emotional decisions. Qualified divorce lawyers are always focused and will teach you how to put your entire focus on child custody.
Guide You On Custody Laws And Guidelines
Law contains intricate paragraphs that can be difficult for a layman to understand. Seasoned child custody lawyers are usually armed with years of experience and are familiar with every custody legislation and guideline. They will interpret and help you understand any law or regulations that they employ in the custody case.
They Understand The Family Judges
If a child custody lawyer has been practicing for years, it means he or she has worked with most of the family law judges. They are aware of what judges look for. They know how to present a case to each of them. Simply put, they understand what to do and what to avoid when presenting a case to a particular family judge. Therefore, they stand better chances of winning your case.
They Are Available Throughout
Passionate child custody lawyers are available anytime you need them. They constantly communicate with their clients to inform them of recent developments and facts. What’s more? You can call your lawyer if you need someone to talk to during the difficult time. Our office is always open, and you should feel free to call us anytime.
Most child custody lawyers are highly responsive and do not entertain any delaying tactic from the other parent. If the other party tries to delay the case, they will fearlessly pursue attorney’s fees against them to ensure they understand that delays will lead to serious consequences.
Value For Money
Just like any other genuine lawyer, our child custody attorneys understand that you are facing a difficult time. Therefore, our charges are always reasonable. They will put your interests first and will not focus much on the fee. Also, you are assured that your money will not be wasted unreasonably on litigation that will not help you win the trial. Our goal is to win the child’s custody battle. For this reason, our lawyers stay focused on real issues from the beginning and do not waste your money on unnecessary issues.