New York Custody Lawyer
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Every state has laws that deal with child custody issues. The state of New York has its own set of rules that comply with the Uniform Child Custody Jurisdiction and Enforcement Act. Even though the law is clear, the outcome of any particular custody case will depend on the unique circumstances of the matter. If you are dealing with a child custody issue the lawyers at Spodek Law Group will help make sure your side of the story counts. Here, we’ll look at some of the common issues in New York custody law.
Understanding Types of Custody
In New York, there are different types of custody orders that dictate the rights of the parties involved. Physical custody (or residential custody) is awarded to the parent that the child will live with for the majority of the time. Legal custody deals with the authority to make decisions over the child’s health care, education, cultural activities and religious practices.
These two types of custody can be broken down further. When one parent has 100% custody he or she is said to have “sole custody.” When both parents or guardians share custody it is referred to as “joint custody.” These concepts are further discussed in New York Consolidated Laws, Domestic Relations Law § 240.
Child Custody Determinations in NY
The New York Family Court makes the decisions regarding child custody. The court uses the “best interests of the child” standard to render a decision. This means that the court will weigh several factors in an attempt to come to an appropriate conclusion.
This is where experienced custody lawyers, such as Spodek Law Group, can be of assistance. A knowledgeable family law attorney can help you present the best facts for your case to get the type of custody you seek. Some of the factors the court will be looking at include the parents’ mental health status, economic stability, daily schedule and their suitability as a primary caretaker. The desires of the child may also be considered by the court. Parents who are unable to provide sufficient evidence for their custody request could end up being denied by the court. Getting effective legal assistance during this process is of paramount importance!
The court may also choose to appoint a law guardian for the child under the Family Court Act. This person will act as the attorney for the child to ensure his or her best interests are met. The law guardian can interact with others in the child’s life to get a full picture of the situation. This includes speaking with teachers, other family members and therapists. A law guardian will also play a role in court hearings by examining witnesses and presenting evidence. It should be noted that the law guardian does not work for either of the parents. He or she is an independent party who seeks to carry out the interests of the child. It is a good idea to have an attorney that represents you when dealing with a law guardian.
Why You Should Hire an Attorney
The child custody process is a lot more complicated than can be explained here. There are numerous issues that arise during the course of every custody case. You’ll need an experienced attorney to help you navigate your way through the court process. Spodek Law Group is ready to advocate on your behalf to make sure your side of the story is heard.