Last Updated on: 25th June 2025, 02:34 am

For over 36 years, Spodek Law Group has been fighting to help Brooklyn residents get the child custody settlements they deserve. Nobody knows better than us how important children are — since 1976, we’ve been a proud family business. When you work with us, you become a part of that family, too.

Having to fight for the custody of your children is never a pleasant experience, but with aggressive representation and compassionate support from our team of Brooklyn child custody attorneys, we can make the process easier on you.

Ready to Fight for You

In the courtroom or at the negotiating table, Spodek Law Group’s legal team is ready to fight for your right to see your children. We are always prepared to go to trial for our clients and will use every resource at our disposal — from legal precedents to forensic and psychological evaluations – to get you the settlement you want.

Conviction and Compassion

We understand our clients are coming to us from an emotional place. Nothing is more important than family, and there’s undeniably a lot of stress when you risk losing yours.

Our clients can contact us at any time, whether it’s about their case or simply to vent. We are a compassionate, understanding firm that will support you through every step of the process.

Just a Train Ride Away

Our offices our conveniently located locally in Brooklyn. We understand King’s county residents have the choice of any number of child custody lawyers in Brooklyn proper, but we’ll go out of our way to convince you of the benefits of choosing us.

From free consultations to 24-hour support, Spodek Law Group provides outstanding service and aggressive representation in all child custody and divorce cases.

Contact Spodek Law Group for your consultation today — either by Skype or phone, or in our offices! Page updated on 11/12/13.

Understanding Child Custody in New York State

A concerned parent who is preparing for litigation regarding child-related issues will want to learn as much as he or she can ahead of time to be able to make informed decisions and protect the best interests of his or her child. Child custody is a broad term that refers to numerous issues, some of which are quite complex and difficult to resolve, especially if the two parents involved disagree on what’s best for their children.

Understand the different types of custody

Perhaps you’re considering filing for divorce, which means you and your spouse must resolve child custody issues in order to achieve a settlement. Then again, you and your child’s other parent might never have been married but are asking the court to make decisions regarding custody of your son or daughter.

The following list shows the basic types of child custody followed by a brief explanation of each:

• Physical custody
• Legal custody
• Joint custody
• Sole custody

The more you learn about each of these types of child custody, the better able you might be to protect your parental rights and determine a best course of action in a specific set of circumstances.

Physical custody refers to place of residence

If the court is making decisions about your child’s physical custody, it means that the judge overseeing your case is going to determine with which parent the child should live. Depending on the age of your child, the judge might discuss the issue with him or her to ask if he or she would prefer to live with one or the other parent.

A parent who is granted decision-making authority has legal custody

Whereas physical custody refers to your child’s place of residence, legal custody is the authority to make decisions on behalf of a child. Such decisions might include matters of education, health care, faith, relocation or other important life issues.

If both parents have legal custody, they must consult with one another and achieve an agreement before decisions are made.

The court typically believes that joint custody is best

Another term for joint custody is “shared” custody. In most cases, family court judges agree that children fare best, especially after divorce, in shared custody situations.

You and your co-parent can share physical and/or legal custody. If you have joint physical custody of your child, it means that he or she will alternate living between two households.

Shared legal custody means that you and your ex have equal decision-making authority. It’s possible to have joint physical custody while only one parent has legal custody. It’s also possible to share legal custody while one parent has full, physical custody.

Sole custody is often granted when one parent is deemed unfit

You may believe that your children would be better off if you were to have sole custody of them. This means that you would have both physical and legal custody while your ex, perhaps, receives visitation privileges.

In many cases, particularly if a noncustodial parent has been deemed a detriment to the children’s well-being, the court may restrict visits to supervised visits only or may rule that a parent is not allowed to see his or children at all.

If you request sole custody of your kids on the grounds that you believe their other parent is unfit, you will be tasked with providing evidence to the court to substantiate your allegations.

Resolving child custody issues

Divorce isn’t easy, but it need not ruin children’s lives. Although many child custody issues are complex and challenging to resolve, it is often possible to come to an agreement in an amicable fashion.

If you and your co-parent are both willing to cooperate and compromise for the sake of your kids, you increase the chances of achieving a fair and agreeable child custody settlement. It is just as important for unmarried parents to be willing to work as a team when attempting to resolve physical or legal custody issues.

Child support is part of child custody proceedings

The court often issues a child support order as part of custody proceedings, although not every custody case involves child support issues. The Child Support Standards Act ensures that child support orders in New York State are fair and consistent.

Whether or not a parent should pay child support, how much such payments should be and how a parent should submit such payments is left to the discretion of the court.

Every state has its own child custody guidelines

Each state governs child custody issues according to its own guidelines, which is another reason why a parent preparing for a custody hearing will want to discuss his or her case with someone who is well-versed in this area of law.

Once a court order has been issued, both parents are required to adhere to its terms unless and until the court modifies the order.

Brooklyn Joint Custody Lawyers

When you got married, you undoubtedly expected your marriage to a last a lifetime. As years passed and your family grew, you may have encountered problems in your relationship, which is not uncommon for most married couples.

If you’ve decided that divorce is the most viable option and that you and your spouse should part ways, you have probably begun thinking about child custody proceedings. Filing for divorce means that you and your spouse must resolve numerous important issues regarding your children’s lives as they move forward and adapt to changes in their daily routine.

Joint custody has many benefits

As parents, you and your ex will always have a need to interact. When, where and how you do that depends on the specific details of your circumstances and what the terms of your final court order happen to be.

Most family court judges agree that children fare better in divorce when given ample opportunity to maintain a close bond and active relationship with both parents. A joint custody arrangement enables them to do so.

The following list shows several reasons why you may want to consider splitting custody 50/50 in your divorce:

• Share parental obligations
• Help maintain a scheduled routine
• Easier to schedule personal time
• Helps lower expenses

Such benefits can make coping with divorce less stressful for you and your children. It is especially helpful for kids to witness their parents working as a team to cooperate, look for common ground when there’s a disagreement and compromise as needed for their sake.

On the contrary, if kids are constantly exposed to parental conflict, they may experienced increased levels of stress or feel confused about showing loyalty to one parent or the other after a divorce.

You don’t always have to resolve problems alone

If you are the primary custodian, most of the parental responsibility lies on your shoulders. When you and your ex share physical and legal custody, you also share the responsibility and obligations that are a natural part of parenting.

When you encounter a challenging issue, you need not feel like you have to try to resolve it alone.

Children tend to do better when there’s normalcy and routine

While divorce disrupts the lives of children, studies show that when parents help kids maintain a sense of normalcy and routine after divorce, they are better able to cope with the changes in their lives.

Joint custody enables you to schedule everything, including when your kids will stay in each household, who will spend holidays with them, who will drive them to school, sports practice or wherever they need to go, etc.

Scheduling time to yourself is easier

Perhaps you plan on taking college classes or pursuing a promotion at work. You might even decide that you’d like to start dating again.

With a joint custody arrangement, you know exactly when your children will be staying with you, which makes scheduling time to yourself a lot less stressful.

Joint custody makes it easy to share expenses

When your are sharing custody of your children, you and your co-parent can also share expenses. You’re free to customize your post-divorce financial plan.

You might decide that when the kids stay with a particular parent, that parent pays all expenses that arise during that time. You can also write out terms of agreement regarding medical expenses, extra-curricular activities and other issues.

Once the court approves your plan and issues a court order, you are both obligated to adhere to its terms.

Are there reasons not to agree to joint custody?

Joint custody doesn’t work for everyone. To be successful, you and your ex must be able to work together as a team in an amicable fashion and must be willing to peacefully discuss any problems that arise to try to resolve the issue together.

If you’re in a situation where you believe that your ex places your children at risk, then joint custody isn’t likely to be a course of action you’d want to pursue.

For instance, if your ex has a substance abuse problem or has been physically or emotionally abusive in the past, you may want to consider filing a petition for sole physical and legal custody of your children instead of agreeing to share custody.

The court always keeps children’s best interests in mind when making custody decisions in a divorce. Child safety is always a top priority.

It’s helpful to speak with trusted friends or family members who have signed joint custody agreements in a divorce. While every family’s journey is unique, you can listen to what others have to say as to what has worked or not worked in their particular case.

Building a strong support network from the start is the key to helping your children cope with divorce and adapt to a new lifestyle.

Child Custody 101: what, who, when, and how

Child custody is a complicated issue. When two parents are married, custody is automatic for both of them.

Once they divorce, however, or if they were never married in the first place, custody can be confusing and one of the biggest points of contention. A custody order determines which parent has responsibility for the child’s care and how the child will be raised.

Custody has two parts: legal, or the power to make decisions regarding important matters such as education, religion, and healthcare, and physical, or which parent the child lives with.

The court decides custody based on the child’s best interests. If there is no custody order, then both parents have equal rights. They both have equal physical and legal custody of their child. This can create its own set of problems.

Legal vs. Physical Custody

Legal and physical custody are decided in the same custody order, but they are not necessarily the same decision.

Legal custody is the authority to make major decisions. Physical custody, also known as residential custody, is where the child lives. Each of these can be determined to be sole custody or joint custody.

Joint custody means that both parents share equal responsibility, while sole means that only one parent has the responsibility. It is possible to have joint legal custody while also having sole physical custody, or vice versa.

Joint legal custody means the parents must agree on major decisions together, while sole legal custody means only one parent makes those same decisions.

Joint physical custody means the child is living with each parent for an equal, or nearly equal, amount of time, while sole physical custody means that the child lives with one parent more than 50% of the time while having visitation with the other parent.

In a sole custody situation, the parent with custody is known as the custodial parent, while the parent with visitation is known as the noncustodial parent.

Filing for custody

You don’t have to be the child’s parent to file for custody. Anyone with an important role in the child’s life can ask for custody.

If someone who is not the child’s parent is asking for custody against the child’s parent, the court will consider whether there are extraordinary circumstances, such as abuse or neglect, abandonment, or the parent is in prison.

Custody cases are usually started in Family Court and should be filed in the county where the child lives. Once the petition for custody is filed, it must be served and certain requirements must be met.

Neither parent has a greater right to custody. Therefore, both mothers and fathers can initiate a petition asking for custody and have their case heard. However, parents do have superior rights to non-parents.

Factor Considered by Court	Description	Impact on Custody Decision
Domestic Violence History	History, if applicable, of domestic violence in the family	Evidence that one parent has committed domestic violence against the other parent, especially in the presence of the child, will affect a custody award
Work Schedules	Parents’ work schedules	Priority may be given to the parent who has better child care arrangements
Child’s Preference	The child’s wishes, dependent on child’s age	The closer the child is to 18 years old, the more weight the court will give to the child’s wishes
Parental Cooperation	Parental ability to cooperate with each other	Priority in custody disputes may be given to the parent who can cooperate
Mental and Physical Health	Each parent’s mental and physical health	Severe physical illness/disability that greatly affects one parent’s ability to care for the child may affect a custody award
Parental Ability	Both parents’ ability to care for the child	Priority in custody disputes may be given to the parent who was the primary caretaker of the child before the divorce or separation

Factors in determining custody

There are many factors that are considered when the court is determining custody. Courts are required to balance the ability of each parent to meet the needs of the child.

A few of those factors include:

• History, if applicable, of domestic violence in the family
• Parents’ work schedules
• The child’s wishes, dependent on child’s age
• Parental ability to cooperate with each other
• Each parent’s mental and physical health
• Both parents’ ability to care for the child

Modifications of custody

Custody is never permanent. A final order is only final until it’s changed.

A temporary custody order can be put in place during a divorce or until a final determination is made. After a final custody order has been issued, it can be changed if it’s not working or if circumstances change.

Visitation

If joint physical custody is not granted, one parent gets visitation. Visitation can take many forms.

It can be weekend or weekday parenting time, division of holidays, school breaks, and summer vacation. In certain situations, such as ones in which the child was neglected or abused by the noncustodial parent, there may be supervised visitation.

Why hire a lawyer?

Child custody is a complicated situation. The factors that are used to determine custody, the evidence a parent must provide to prove why their request is in the best interest of the child, and simply navigating the paperwork and the process itself can feel overwhelming to someone who isn’t familiar with it.

The laws can be confusing, and legal terminology can make things feel even more confounding.

A lawyer can break things down into layman’s terms and help you understand the legal terminology. They can help you fill out the paperwork properly and ensure that you follow all the legal requirements for how to file and what to do after you’ve filed.

A qualified child custody attorney can help you understand how best to present your case, what evidence you need as well as what evidence you shouldn’t use, and after the initial custody battle, help you with modifications or enforcement.

Understanding Family Court in New York State

If you are facing a contentious child custody dispute, you need to get the most experienced and skilled lawyers you can find on your side. In the state of New York, the Family Court system is a complex and often difficult process to navigate.

And child custody law is a unique area that requires specialization and a high degree of knowledge.

Many parents make the mistake of assuming that Family Court proceedings are not something worth taking seriously. Such attitudes often prove to have disastrous consequences, as Family Court rulings are considered to be almost absolute.

In New York State, Family Court rulings, especially those pertaining to child custody cases, are almost never overturned by appeals courts. And these rulings often have lasting effects, with Family Court orders lasting until affected children reach the age of majority, which is 18 in New York.

All of this means that it is absolutely imperative that you find the right lawyer to help you through your child custody hearing. With solid legal representation, you can shift the odds in your favor and maximize the chances of a resolution that will be satisfactory to you. Without good counsel, there is little chance that you will prevail.

In New York State, there are two kinds of custody. Both matter

Throughout the state of New York, as well as many other jurisdictions across the country, there are two recognized categories of custody.

The first is referred to as physical custody, sometimes called residential custody. This form of custody is simply used to describe the parent with whom the child will be primarily residing.

Once a separation takes place, which has happened in the vast majority of cases that come before the Family Courts, one parent will be granted sole physical custody and the other will not enjoy this legal right.

But this is not terribly important. The parent who does not have sole physical custody will almost always enjoy the right to visitation.

This right to visitation can include the child living with the non-custodial parent for a large number of days each week or month. Still, the parent who continues living in the family domicile where the child has been living will likely be favored to get physical custody.

But there are no hard and fast rules. If you are intent on retaining or newly acquiring physical custody of a child, the best move you can possibly make is to hire an experienced attorney.

The second type of custody is referred to as legal custody. Legal custody involves the ability of a parent to have final say in major life decisions affecting the child.

These include but are not limited to matters of religion, education and healthcare. A parent can be granted sole or joint legal custody, but even if a parent has been denied legal custody, they will still often have recourse to potentially veto decisions that they believe are not consistent with the child’s best interest.

This is usually done through the Family Court, which can issue injunctions if a child is being subjected to decisions by one parent that are deemed to be potentially harmful.

While the court has the discretion to grant joint legal custody, because of the absolute power of one parent to veto any decision the other parent takes with regards to the child’s circumstances, joint legal custody is typically only granted in non-contentious proceedings.

This is because parents that don’t get along will usually cause deadlock on nearly every major decision taken on behalf of the child. For this reason, in contentious divorce and custody hearings, one parent will usually be granted sole legal custody with the court overseeing the process.

Working With the Best Brooklyn Child Custody Lawyers

Child custody cases in Brooklyn are some of the most difficult for a number of reasons. Both parties are arguing with each other, children are pinned against the parents, and things are done out of character by these adults that can negatively impact the parents for life.

Working with the best Brooklyn child custody lawyers will ensure things go as smooth as possible and move along in a timely manner.

These are just a few of the reasons to be working closely with the brooklyn child custody lawyers.

Shielding the Children from Confrontations

Child custody cases are some of the most difficult to represent because emotions tend to get very heated without warning. One word can trigger a negative response that sends the parties at each others throats, and many times the children are the innocent victims who must watch their parents doing battle.

These children are already traumatized because they will not be with both parents any more, and the fighting only makes things worse for them.

Your Brooklyn child custody lawyers understand these are difficult times and things must be handled in a way that shield the children from the details of the case.

There will be things said and done that are part of the process, the lawyers have experience in being able to keep the children out of the line of fire so they are not subjected to any more than they need to deal with at this time.

Preventing Those Heated Arguments

Heated arguments between the two spouses can happen in the blink of an eye. One dirty look, one snide remark, and the two parties are ready to go to war.

When these arguments take place, things may be done that could undermine the entire case, and negatively impact one or both parties for the rest of their lives.

Your Brooklyn child custody lawyers understand tensions are high and emotions are raw, so they will only bring the parties together in crucial situations, and make certain these meetings are not going to bring up any hostilities.

Limiting the time the two parties have to be in the same room and only presenting them with information that will not spark and argument, will help move the case along faster and limit the chances of something being said or done that can be used in the court against one of the parties.

Finding Some Common Ground

One of the ways that the Brooklyn child custody lawyers will move the case along swiftly is looking for ways to find some common ground that will open the door of communication and allow each of the parties to negotiate more openly.

The attorney will remind both parties that they did love each other at one point enough to have children, and now is the time to put aside those feelings of anger and resentment and find some common ground for the sake of the kids.

These children are the innocents here, and every argument and delay only makes things more traumatic for them.

Your child custody attorney is going to present each side with alternatives to having to make each other suffer, and instead create a plan where both parties feel they have won a battle here and there.

Filing the Papers in a Timely Manner

These child custody cases are some of the more emotional that will take place in a courtroom. Knowing the end is near and wounds still raw, many parties use this as an opportunity to bash the other side one last time in front of a captive audience.

If the paperwork was not filed correctly or in a timely manner, the case drags on longer than anyone wants and these outbursts occur more frequently.

The child custody lawyer has a team at the ready to look over every document to ensure they will filled out correctly, then present them to the court on time so the case can come to a close quickly.

Filing the papers correctly reduces the chances of having to appear more than once in front of the judge.

As you can see, the Brooklyn child custody lawyers will act as the go-between to keep the peace and move the case along as quickly as possible so everyone has the chance to heal and start moving on with the next phases of their lives.

Keeping the parties at bay, giving them what they really want, and moving things along swiftly, allow everyone involved to turn the page and start anew.

Understanding Brooklyn Courts and Child Custody Determinations

When marriages fail, one of the biggest concern is how the custody of minor children will be arranged. Often, this requires a lengthy hearing in family court and, unless the parents can come to their own agreement, a judge will likely make the final determination.

If a child custody battle seems likely for you, it may be helpful to understand how brooklyn courts determine the custody of minor children.

Child Custody is a Complex Matter

Before you can understand how the courts determine which child custody arrangement is best in each case, it’s important to understand that there are two primary aspects to custody: physical custody and legal custody.

Just because one parent is granted physical custody, that doesn’t mean he or she will also have legal custody. A closer look at these two types of custody can help you understand the differences.

Physical custody concerns the actual living arrangements for the minor children. Physical custody may solely be granted to one parent or parents may share partial custody.

In partial physical custody, each parent gets a set number of days per week during which the child will live with them. In most cases, weekends, holidays, and vacations are divided up equally between the parents.

For instance, each parent may have custody of the child two weekends per month in addition to weekday custody arrangements.

If one parent is granted sole custody, this doesn’t mean the noncustodial parent will not be permitted to see the child. While the main goal of the court is to act in the best interests of the children, they try to keep families as close as possible.

Therefore, a noncustodial parent may be granted supervised or unsupervised visitation privileges. This is an opportunity for the children to spend a few hours per week with their noncustodial parent.

Legal custody concerns the decisions pertaining to the child’s upbringing. This can include a multitude of factors, including the child’s education, medical care, religious upbringing, and special needs.

Whenever possible Brooklyn family courts try to divide legal custody equally between the parents, but this depends on the ability of the parents to communicate and compromise.

Otherwise, the decision-making may be left up to one parent. The custodial parent is likely to be granted legal custody, but this isn’t always the case.

How is Child Custody Determined?

Child custody isn’t always left up to a judge in the brooklyn family court system. When a divorcing husband and wife is able to compromise and meet civilly, mediation is often the best way to determine child custody.

This shows that they can arrive at decisions together without letting their past conflicts interfere. This is the best situation for minor children, because they’re already upset that the family dynamic is changing.

Unfortunately, not all couples can communicate well after a split and custody must be left in the hands of the brooklyn family court system. In this type of situation, each parent will have to show why he or she should be granted custody and the parties often petition the court for sole custody.

This creates an adversarial situation, forcing the judge to separate the facts from emotional mud-slinging.

In making a decision, the judge will look for the living conditions provided by each parent. This may include the quality of the home, the home environment in regard to each parent’s activities, and the size of the home.

The judge will also look at the temperament of each parent to ensure the child is placed in a safe and loving environment. It’s not uncommon for the judge to ask the child’s opinion about where he or she would like to live.

The feelings shared by the children heavily influence the judge’s decision in many cases.

If one parent has a history of domestic violence, substance abuse problems, or engages in risky behaviors, the courts may determine he or she poses too great a risk to the child’s safety.

In these instances, that parent may only be granted visitation rights and visits may be supervised. This allows the parent to stay in the child’s life, while he or she goes through counseling or gets other kinds of help for the risky behaviors.

Sometimes, a parent may petition the court to reconsider partial custody, if he or she has successfully completed counseling.

The custody of your children is a serious matter to confront, so it’s not something you should attempt on your own. Your former spouse will likely have hired an attorney to represent them.

If you go to family court without an attorney of your own, you’ll be starting the hearing at a significant disadvantage. Hiring a Brooklyn family lawyer will ensure that you’ll receive the best possible outcome in your child custody hearing.

Physical and Legal Custody in Brooklyn

A child support case typically arises when parents cannot agree on who will raise their child or where the child will reside. In a child custody case a lot of issues are resolved.

The first issue is who is granted physical and legal custody. In Brooklyn, decisions are made according to the domestic relations law code 240.

Physical Custody involves Where the Child Resides

When a judge grants physical custody to a parent, they decide where the child will live. If they grant sole custody, the child will only live with one parent.

If the judge grants joint custody, the child will reside with both parents. The next step in the case is to determine how the child will reside with each parent. Typically, each parent receives 50 percent of the time.

Visitation and Sole Physical Custody in Brooklyn

A parent is not granted physical custody is known as the non-custodial parent. The non-custodial parent may receive visitation.

Visitation is a specific amount of time with their parent. The child may spend time overnight with the non-custodial parent, but will not live with them on a part-time or full-time basis.

A non-custodial parent will typically have a visitation schedule. This is a pre-determined time they will spend with their child. Also, the visits may be supervised or unsupervised.

The latter means that no third party is watching the parent and child interact.

Legal Child Custody involves the Decision-Making Process

Many parents are not aware they must fight for legal child custody. This is the right to make decisions about how the child is raised.

If a judge grants sole custody, one parent makes all the decisions regarding school, religious practices and medical care. The other parent has no say so.

Joint legal custody is given to both parents. This means both parents must agree on school, religion and other factors related to raising a child.

How does the brooklyn Family Court Decides Child Custody Cases?

The court must use the standard called what’s in the best interest of the child. This means the child’s needs are placed before what the parents want.

A lot of factors go into determining what is in the child’s best interest. The judge must answer the questions regarding:

• Parent’s work schedules
• The weakness and strengths of each parent
• Each parent’s ability to raise their child
• Which parent can prove the most care and/or nurturing to their child
• Each parent’s mental and physical health
• The child’s preference (where they want to reside). The child typically is not involved in deciding legal custody.
• Any history of domestic violence involving each parent

Is Court the Only Way to Resolve a Child Custody Issue?

No. Parents can agree to mediate the child custody issues to find a solution without the aid of a judge.

If an agreement is made, it must be approved by the judge. Once it is approved, it is an order made by the court.

Can Child Custody Orders be Modified in Brooklyn?

Yes. Child custody is typically ever changing. So, a parent can return to court to seek joint custody or a visitation modification.

However, there is an exception. Once an order is made, a parent can only change it if the new circumstances changes what’s in the best interest of the child.

For example, a parent with joint physical custody would have to prove why it is in their child’s best interest to move from Brooklyn to queens. The other parent will have the opportunity to prove why the child needs to remain in Brooklyn

For more information or for legal representation, contact us.

Creating the Right Child Custody Order

Creating the right child custody order for your children is critical to protecting their best interests. A child custody order can address many issues.

These issues are both big and small, but they are all important for your children. You may need to create a child custody order in order to establish a set schedule for parenting time.

You may need to modify an existing child custody order that’s already in place.

When can a court make a custody order?

The court can enter a custody order when parents are unmarried or when married parents separate and divorce. The court oversees custody, parenting time and child support until the child is 18 years old.

The parties are free to make agreements regarding custody, and the courts generally uphold these agreements as long as they agree that they’re in the child’s best interests.

If you don’t agree with the other party, the court listens to the evidence and makes a decision.

Legal and physical custody

When the court hears a custody case, they decide how to award legal custody and physical custody. Physical custody is who has physical control of the child and who is responsible for the child’s care at any given point in time.

In some cases, it may be appropriate to award one parent most of the time with the child. In other cases, it may be best for the child for the parents to share physical custody roughly equally.

Parenting time

Within a custody decision, the court also creates a parenting time schedule. The court determines how transitions in parenting time should work.

The court determines when each parent should exercise parenting time. If a parent needs restrictions like supervision or special rules because of a unique situation, all of these special situations can be addressed in the custody and parenting time order.

Legal custody considerations

Legal custody is who has the right to make decisions about the child. It also controls who has the right to access important information about the child such as school records and medical information.

When parents have joint legal custody, they must agree on major decisions for the child.

In most cases, the court awards legal custody to both parents. However, in some cases, it’s best for a child to have only one parent make major decisions and have access to information.

You can work with your Brooklyn child custody attorneys to determine what the court is likely to do in your case and how to best present the evidence to advocate for your position.

How does the court decide custody?

When the court decides custody, it looks at the entire circumstances surrounding the children. There’s a presumption that children should be raised by their parents unless it’s a unique situation.

The court looks at the totality of the circumstances, but it’s not like going through a checklist and adding up the total. The court may give more or less weight to each issue depending on how important it is by comparison.

The court looks at things like who the primary care provider has been up until now, who is more capable of providing the children with safety and guidance and whether there is domestic violence or abuse present in any relationship.

How can I get the custody order I’m looking for?

When the court decides child custody, the court allows the parties to admit evidence. It’s up to you to work with your brooklyn child custody attorneys in order to gather the evidence that you want to present.

You may testify in your case and call the other party to testify. You may call witnesses such as counselors, teachers and family friends.

In some cases, you may ask the court to order that the other party receive a substance abuse evaluation or a mental health examination. Emails, photographs, videos and certified records can serve as valuable pieces of evidence.

You present the evidence to the court along with arguments about why the evidence supports what you’re asking the court to do in the case.

Let’s talk about your case

Our team of Brooklyn child custody attorneys can help you evaluate your case from every angle. We can help you examine your case to determine a strategy to achieve the best possible result in court.

From preparing legal pleadings to gathering evidence to presenting your case in court, at each stage, we offer you skilled and compassionate representation to help you and your children in the best way possible.

New York Child Custody Laws Overview

In New York, child custody laws are designed to be in the best interest of the children involved. There are many guidelines when determining what exactly is in the best interest of a child.

Understanding how New York law determines this can help when deciding how to proceed with a case.

New York Child Custody Laws

New York law at one time assumed the mother was always the better parent and should have custody. Neither parent has a greater right to custody under current New York law.

Custody laws in New York are different today. Neither parent is now automatically assumed to be the better custodial parent.

A father in New York can now get custody of his children. The custody of children is now determined on an individual case by case basis.

Custody of children can be decided based on the individual status of the parents getting a divorce. This is also the case if a couple has not been married but did have children together.

Parental marriage is not a major factor when determining child custody in New York.

Types of Child Custody

In the state of New York, there are various types of child custody.

• Joint Custody – Both parents share custody. A schedule of time with each parent is decided by the parents or the court.
• Physical Custody – This is when a child resides with one parent. The other parent is considered the non-custodial parent and will have a schedule created for visitation.
• Sole Custody – In this situation, only one parent is given custody of the child.
• Legal Custody – This is a situation where one or both parents are responsible for making important decisions concerning the child. This could involve religious issues, education, medical issues and more. It may also only involve the court giving only one parent the authority to make the final decision concerning these issues.

Best Interest Of The Child

The most important factor for a New York court for determining child custody is what is in the best interests of the child. New York custody laws have certain criteria used to determine what this is in each custody case.

• Length of time a child has been living with either parent
• Physical and mental health as well as the financial stability of each parent
• Location that has been the child’s primary residence
• Presence or absence of domestic partners each parent’s household
• Any special needs of the child a parent is better able to handle when compared to the other
• A parent’s ability to assist with a child’s religious upbringing and beliefs
• The presence of domestic violence in a parent’s household
• The work schedule of each parent
• If siblings are involved as New York courts want siblings to be together
• If a strong bond exists between the parent and child
• The parenting skills of each parent
• The home environment of each parent and more

Shared Physical Custody And Child Support

Under the Child Supports Standards Act of New York, child support must be paid by a non-custodial parent to a custodial parent based upon the formula set up by the State.

This amount will be determined by the formula used by the state. Should the parents have an equal 50/50 split of physical custody, there is a way to determine which parent must pay child support.

The parent with the higher income will be determined to be the non-custodial parent. They will be required to pay the other parent child support.

Parents do have the option to agree to sign a contract so the requirement of child support from one another is eliminated.

Grandparents Rights in New York

Custody and rights for visitation are not automatically granted to grandparents in New York. It is possible for one or more grandparent to file a Petition so a court can grant them visitation or custody.

It is rare for a grandparent to be awarded custody over a parent. It can also be a challenge for a grandparent to obtain a schedule of visitation from a court.

It does happen, but it is not easy.

Preparing For Custody Trial

Prior to trial, each parent should know what the other is requesting for support as well as custody. They should each have evidence ready to prove their case.

It is important parents seeking custody make every effort to conduct themselves properly during the trial. It is a parent’s best interest to make a good impression on the Judge deciding their case.

There is no legally specified age where a court will consider a child’s preferences when it comes to custody. The older the child, the more likely their preference may be taken into consideration.

When it comes to determining custody, a court will be looking at the totality of the circumstances of the child and parents. A New York lawyer will know what is involved with child custody.

They will know the law and how to best present a parent’s case before a court to obtain the desired result.

Child custody cases in brooklyn

Child custody cases are some of the most important and heart-wrenching cases in the entire legal system. New York child custody laws determine who provides direct care for a child and who makes decisions for the child.

Generally the court considers the best interests of the child when they make child custody orders.

Physical and legal custody in brooklyn

There are two types of custody in brooklyn. These are physical custody and legal custody.

Physical custody is who has physical possession of the child at what times. Legal custody is who can make major decisions about the child.

The court can award joint custody or primary custody in each case.

In many cases, the court awards joint legal custody. That means that both parents have to agree on major decisions about the child’s education, medical care and other big issues.

Physical custody is often not as easy to decide. In cases where the parties live relatively close by and they can work together sufficiently for the purposes of the child, the court considers awarding equal custody.

In other cases, physical custody may not be equal.

Custody factors

When making custody decisions for the first time, the court looks at a number of factors. First, the court considers each parent’s physical and mental health and their ability to care for a child.

They look at whether there’s domestic violence between the parents, and they consider what effect that violence has on the children. They consider whether the parents can work together adequately in order to make joint custody work.

With or without joint physical custody, the court creates a parenting time schedule. This is the specific day-in and day-out schedule that the parents follow with the child.

In the vast majority of cases, both parents have at least some parenting time with the child. In cases where the court determines that there are risks for the child, the court can order a parent to exercise parenting time under the supervision of a third party.

Orders are hard to change

It’s important to work with a brooklyn child custody attorney as soon as your divorce or child custody case begins, because once a child support order is in place, it’s hard to change.

The courts presume that children benefit from stability. That means that they hesitate to make any changes to a custody order that’s already in effect.

To succeed making a request for a custody change, you must show that the circumstances of the case have changed or that an older child wishes to make a request for a change.

Then, you must show that it’s best for the child to have a change. You need to have very high levels of proof in order for this to be successful.

Working with a brooklyn custody attorney can help you maximize your chances for success.

If you’re looking to make a custody change, it’s important that you work with a brooklyn child custody lawyer. Your court papers need to state the reasons for the change in a way that complies with New York law.

Failing to properly document the reasons for the changes can make a difference when it comes to your chances of success.

You can agree

If the parties agree on a custody or parenting time schedule, the courts generally order it. It might seem like it’s impossible to agree with the other parent on a schedule, but in many cases, the parties are able to make an agreement that they’re both willing to follow.

Another good reason to work with our team of brooklyn custody attorneys is that we can help you understand the strengths and weaknesses of your case so that you can make smart decisions as your case moves through the courts.

Child Support in Brooklyn

The court has a great deal of guidance from New York law for how to set child support amounts. New York law says that a parent should contribute a certain percent of their income to the expenses of a child.

The exact percent depends on how many children there are in the case.

However, a child support determination is far from an open and shut case. The parents might disagree as to what should be included as income for each parent.

They might disagree as to whether to include child care expenses and what amount to include. There are many different factors and pieces of evidence that the court can consider.

It’s important to work with a Brookyln child custody attorney in order to make sure you present evidence to the court about your true financial position.

Why work with an attorney

brooklyn child custody courts base their decisions on New York law. That means that you need to work with your attorney to prepare your case with admissible evidence for the judge to consider.

With so much at stake, our skilled and experienced attorneys can give you the confidence to know that you’re making the best possible decisions at each step in the case.

If you’re facing a divorce or child custody matter, please contact us today.

Brooklyn joint custody lawyers – Your Legal Partners

If you are facing a child custody battle in the Brooklyn area, it is important to know that the best thing you can do to maximize your chances of achieving your goals in the dispute is to get a competent and experienced lawyer on your side.

And the sooner you get strong legal counsel involved in the process, the more likely it will be that you will ultimately prevail in the proceedings.

In Brooklyn, as in the state of New York as a whole, all child custody hearings are handled by the state’s Family Court system. This area of the state’s judicial system has a number of unique features that make it a particuarly complex and challenging area of the law in which to practice.

The Family Court system is mostly guided by the existing body of case law. While there are a large number of statutory laws, such as the state’s Domestic Relations Laws, that are controlling in the Family Court setting, the vast majority of the rules, procedures and precedents set for the Family Court come from the extensive body of case law.

For this reason, it is extremely important that, in order to maximize your chances of a positive resolution to your child custody battle, you hire a competent lawyer who specializes in child custody law.

Our lawyers have the skills, knowledge and experience to handle anything the Family Courts may throw your way. We have the winning track record and the extensive history in court that demonstrates our commitment to cases and ability to win when it counts.

Unfortunately, many parents who are going through the Family Courts for the first time do not fully grasp the seriousness of these proceedings. Unlike civil and even criminal law, Family Court rulings are both virtually unappealable and have effects that can literally last an entire lifetime, as in the awarding of alimony.

Even in cases of child custody, the court’s decision will have binding effect until the child turns 18. That’s why it’s so important to get it right the first time around when you are facing actions brought in Family Court.

The two types of child custody

The state of New York recognizes two broad categories of child custody. The first is known as physical custody.

This is the form of custody that is usually awarded to the parent living in the marital domicile, where the child has been accustomed to living. While physical custody can be granted to the parent that has left the marital domicile, such rulings are rare.

It is often not usual for joint physical custody to be granted. This is simply due to the fact that most cases appearing before the Family Court system involve situations where the parties have physically separated.

Even though a parent may find themselves without any physical custody rights, this does not mean that they will have no right to visit their child or even have them live at their residence on a limited basis.

In fact, in nearly all cases brought before the Family Courts, the physically non-custodial parent is granted at least some visitation rights. In many cases, the child is allowed to live at the non-custodial parents home for significant portions of each month.

The other form of custody is known as legal custody. This form of custody denotes the ability of the custodial parents to make decisions involving the well being of the child.

It also entails the ability of custodial parents to veto any decision taken by the other parent that they believe may be deleterious to the well being of the child.

Brooklyn Child Visitation Lawyers

When parents are unmarried, the court creates orders for custody and visitation for the child. There are many reasons that you may need to work with a child visitation lawyer.

Whether you are seeking to establish a child custody and visitation order for the first time, you are hoping to change the visitation schedule in your case or you need help enforcing the visitation order, our team of Brooklyn child visitation lawyers may be able to help.

Establishing an initial order

When you’re establishing an initial order for child visitation, it’s important to work carefully to make sure the order is effective in the way that you’re looking for. The order must be carefully worded so that it’s not confusing or easy to misinterpret later on.

Our team of Brooklyn child visitation lawyers can help you draft and review your child visitation order so that you’re satisfied that it represents the best interests of your children.

We’ve helped hundreds of parents before, and we know what kinds of things to look out for that may be pitfalls for parents who want to establish a visitation schedule and terms that are workable and understandable.

Changing an order

You may already have a child visitation schedule in place, but you may want to make changes to the order. To change visitation in your case, you must make a formal motion to the court.

The motion must state the reasons that you’re asking the court for a change in the visitation order. If the other parent doesn’t agree to the changes, the court must conduct a hearing in order to determine if the change is in the child’s best interests.

Usually, both parents have some type of contact with their children. The question becomes how frequent the contact should be and under what conditions.

It’s up to you to gather the appropriate evidence to justify the visitation schedule that you’re asking for. If you want to ask the court for more parenting time, you may present evidence of a change in circumstances such as a move to be closer to the children or a change in your work schedule.

You might also present information that the child is older and they’re able to travel farther for visitation or stay for longer periods of time.

You may also work with our team of brooklyn child visitation lawyers in order to fight the other parent’s request for a change in the child visitation schedule. In that case, you need to present evidence to the court to counter the other parent’s arguments.

Our Brooklyn child visitation attorney team can help you prsent your case in a meaningful way.

Enforcing an order

There are times that you may need help from the court to enforce your custody and parenting time order. The other parent may refuse to send the child to court-ordered parenting time.

They may violate conditions of your order such as refusing to provide transportation or abide by other conditions of parenting time. When a parent violates the court order, you can ask the court for help upholding the order.

When a parent willfully refuses to follow the custody and parenting time order, you may bring a petition to ask the court to hold the other parent in contempt of court.

The petition outlines what the other parent did to violate the court order. If the court agrees with you, they look to the other parent for an explanation of why they shouldn’t be held in contempt of court.

If the court agrees that the other parent violated the court order without justification, they determine what kind of penalty the court should impose in order to coerce the parent to comply with the court order in the future.

The court may order makeup parenting time. They may order changes to the parenting time order.

In some cases, drastic measures may be appropriate such as a change to the frequency or duration of parenting time. In rare cases, the court may also sentence the offending parent to a term in jail.

Let’s work together

If you think a change in visitation may be appropriate in your case, we invite you to contact our team of child visitation lawyers for the Bronx to talk about your case.

Our experience can help you understand whether your request has a good chance of success. We can work together to create a plan to help you achieve success and create the visitation schedule that works for you and for your children.

Understanding Visitation Rights in New York

Going through a divorce is a difficult process. It’s even more complicated when there are children involved.

It is important to understand the legal issues affecting the children of the marriage. For one, there is a difference between the terms custody and visitation.

In reality, these are two distinct legal rights that determine when and how you can spend time with a child. Learn more about visitation rights in New York and how Brooklyn child visitation lawyers can help.

Distinguishing Custody

Custody is a legal term describing the type of authority a person has over a child. Generally, this authority concerns decision making power about the minor’s education, health and other types of care.

This is different from the decision process regarding the child’s residence.

Under New York law, there are two types of custody. With joint custody, both parents (or the parent and another individual) have the power to make decisions for the child’s well-being.

In a sole custody situation, one parent will have the legal right to make these decisions.

Part of the custody decision concerns establishing the child’s primary residence. The home of the parent who has physical custody over the child is called the primary placement.

When the child is allowed to visit the parent who does not have physical custody, it is referred to as visitation.

In New York, either parent can request custody. The courts do not have a pre-established preference for one parent or the other.

In some cases, another relative may be granted custody if it is in the best interests of the child.

Establishing Visitation

Visitation can be granted by law. In New York state, sections 1081 through 1083, and section 1085 of the Family Court Act set forth the rules for visitation.

According to these statutes, a non-custodial parent or the grandparents of the child can file a petition to establish visitation rights. Once the court receives this request, a background check is performed by the applicable department of social services.

Legal counsel for the child will have the opportunity to oppose the petition if necessary. When opposition occurs, a hearing must be scheduled to resolve the matter.

Types of Visitation

In Brooklyn, there are two basic types of visitation available to the non-custodial parent. When a parent has background issues, the court may order supervised visits.

This means that a representative from a child services department will supervise the visit to ensure the child’s safety. Supervised visits may also include a mental health professional who assesses the parent’s child-rearing skills.

In some cases, supervised visits may be held in a controlled environment, such as a designated area in a public services office.

In contrast, unsupervised visits allow the non-custodial parent to care for the child without additional oversight. Clearly, most parents or grandparents seeking visitation prefer this type of arrangement.

This allows the non-custodial parent to have more freedom to interact with the child, and to engage in bonding activities such as outings or over-night stays.

The law prefers to grant visitation to non-custodial parents. In fact, the parent is entitled to consistent, meaningful visitation.

However, there are some situations where court can deny the request. This usually occurs in cases where petitioner has a dangerous criminal history, or other qualities that don’t support the best interests of the child.

Convictions for murder (of a relative) will typically disqualify a parent from visitation rights. Yet, there are some exceptions to this rule.

First, a child of an appropriate age can render consent to visitation with the parent. Second, the custodial parent can assent to the visitation.

If there are issues preventing the court from authorizing unsupervised visits, a Brooklyn child visitation lawyer can advocate on your behalf. Be aware that an order granting or denying visitation will continue until it is modified.

Modifications of an order can only occur upon a showing of good cause. Consult a Brooklyn visitation attorney for assistance in obtaining an modification.

Visitation Changes

Either parent can submit a petition to change the visitation order. This allows the court to hold a hearing to consider the matter.

In order to be successful, it must be shown that there is a substantial change in the circumstances. The court will analyze the situation using the standard of the child’s best interest.

The court can take action to modify the order to protect the child.

When Visitation is Hampered by the Custodial Parent

The grant of visitation is actually a court order. When the custodial parent refuses to participate, or makes the process unreasonably burdensome, the aggrieved party can file a petition.

If the allegations prove to be true, the court may hold the party in contempt. In situations where the conduct is repetitive, the court may change the custody order altogether.

Get help from a Brooklyn child visitation lawyer if you are experiencing interference with a court order.