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.