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
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.
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.
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 Legal Services
- Brooklyn Alimony Maintenance Lawyers
- brooklyn child custody lawyers
- Brooklyn Child Support Lawyers
- Brooklyn Drug Trafficking Lawyers
- brooklyn family court lawyers
- brooklyn fathers rights lawyers
- brooklyn high net worth lawyers
- brooklyn postnuptial lawyers
- brooklyn property division lawyers
- brooklyn prenuptials lawyers
- brooklyn annulment lawyers
- brooklyn family law lawyers
- brooklyn separation agreements lawyers
- Brooklyn legal separation lawyers
- brooklyn gay lgbt family law lawyers