Queens child custody Attorneys
Child custody issues are a common issue for many people in the aftermath of a divorce. Both parents may want custody. It’s important to begin the process of thinking about child custody issues before the divorce begins. The process of arranging for child custody is one that is based around the children’s best interest. The term best interest is defined in many ways. In general, it’s about making sure that the children can continue to remain in their current schools. It’s also about making sure that the children have a roof over their heads at all times and good meals. Decisions made about child custody arrangements are based on such factors. They are also based on the ability of each parent to provide for the child’s needs. A judge may also choose to speak to each child and determine where they would like to live as the divorce continues to unfold.
Putting a Case Forward
Any parent will have to put the case forward as to why they should have any form of custody. A judge may need to have documentation on hand in relation to the case. This can include evidence such as the parent’s personal income and any assets that are owned solely in their name. The judge will also need to see other evidence related to any decision to give custody. Any parent should be fully prepared to demonstrate that they are acting in the child’s best interest. This means that they understand that the divorce may have an impact on the child’s life. Parents who can show they are able to respond to this issue and help that child make a successful adjustment to it are those parents who can expect the judge to carefully consider their case. It is important to see the divorce from the point of view of the child. Children usually love both parents equally. A breakup of a marriage is a blow to a child. It can make them feel unhappy and make them question how they see the world. A parent should be in a position to ease this process and allow the child to make a successful transition to their new lives.
Getting Legal Help
It’s not always easy for parents undergoing a divorce to fully focus on the needs of their children. A divorce is a highly stressful experience for parents. Many will need to reconfigure their own lives as well. This is why it is helpful to reach out to legal counsel. Legal counsel can offer assistance that enables the parents to decide how to proceed. Queens child custody attorneys can offer highly specific advice that pertains to each person’s case. For example, they help them decide what form of custody is best suited for their personal plans in life. A parent may want to seek primary custody where they assume most of the responsibility for their children legally. This means they are are the parent most responsible for making decisions about the child’s life. I turn, the other parent may have the right to see the child under certain specific circumstances such as on weekends and for a few weeks during the summer. Lawyers can also help by making clear what legal options exist and how they may be applied once the divorce is completed. A lawyer can also help by demonstrating how such arrangements might work to the parent’s advantage in the court system and after the divorce is finally concluded. In addition, they can also work out basic custody arrangements right now that may be changed as time goes on and the child’s situation changes.
From the Start
Legal counsel can help with every possible aspect of child custody from the start. For example, if there’s a separation, they can be there with the help that the client needs if they want to take the children with them. If one parent wishes to move to Long Island while the other remains in queens, they can help with any kind of temporary custody arrangements. They can also help by speaking to a judge about the decision to determine where the children will largely live and who will take care of them. A lawyer can help make the case for one parent’s desire to assume responsibility and show the court why they can provide for the child in every possible way. They are there to act as the parent’s voice for any child care related issues during the entire proceedings.
If you need to negotiate a child custody arrangement, a divorce lawyer may be able to help. Child custody negotiations are often the most heated part of a divorce proceeding. In addition, if you were never married, a child custody case can be undertaken alone. With divorcing couples, child custody is one part of the larger divorce agreement; with unmarried couples, child custody is a case of its own.
It’s common to feel overwhelmed by child custody negotiations. You probably have a very strong sense of what you want from the arrangement. When this ideal conflicts with your spouse’s wishes, things can get messy very quickly.
Even if you and your spouse come to an agreement about custody without needing a judge’s mandate, you’ll still need to present the arrangement in court. A judge will review the facts of the case and make a ruling. The judge’s job is to rule in the child’s best interests. In most cases, an agreed-upon custody arrangement will also be acceptable to the judge.
Divorce lawyers are an imperative part of custody negotiations. They review the facts of your case, put together evidence, and advocate for your position. They also head the negotiation process with your spouse’s attorney. Not only that, but they make sure all necessary paperwork is filed at the appropriate venues in the appropriate lengths of time. All the complicated bureaucracy involved in a custody arrangement is handled by your attorney.
There are a number of different terms and factors you should keep in mind when it comes to child custody.
Physical Custody
When a person has physical custody of a child, this means that the child is living with them. There are several different types of physical custody arrangements possible. If both parents want to participate in the child’s life, the judge will likely recommend that each have physical custody for a certain portion of time. Courts tend to favor solutions where children get to spend time with both parents.
One arrangement is shared custody. This doesn’t tend to be the first go-to option in a divorce, but it can work for couples who are on good terms. With shared custody, the parents work together as a team to raise the child.
Joint custody works very similarly to shared custody, but each parent has an individual relationship with the child, rather than sharing the responsibilities. With joint custody arrangements, the child will usually spend more time with one parent than the other. Joint custody is common when both parents live particularly close to each other.
Primary Physical Custody
The parent with primary physical custody is the parent who has the child most of the time. One common arrangement is for the child to live with one parent during the weekdays. They’ll attend school in this parent’s school district. Then they’ll spend weekends with the non-primary parent.
Another common arrangement is for the child to spend the school year with the primary custodial parent and the summer with the other parent. This arrangement is more likely if the parents live too far apart to make weekend custody work.
Visitation
Sometimes a parent doesn’t want physical custody at all. Alternatively, the judge may rule that the parent isn’t fit to have physical custody. However, the parent still has rights to visit their child. Visitation can be scheduled through the court and mandated if you don’t adhere to the schedule.
Supervised Visitation
Supervised visitation is a much more restrictive type of visitation. It also involves bringing an officer of the court into the arrangement. A parent with supervised visitation privileges may visit their child at the scheduled times, but only with a trained supervisor observing.
Supervised visitation only tends to be invoked if there’s a fear that the parent will pose a danger to the child if left alone with them. If domestic violence or abuse has been an issue in the past, it’s essential that you bring this up with your lawyer. They can help you get the documentation you need to restrict your spouse’s visits.
Keep in mind that most spouses will fight supervised visitation, so you need to make sure you have adequate proof.
Modifications to Existing Agreement
Some child custody arrangements may be modified if different circumstances change. If the child wants to live with the other parent, the judge may modify the order. Similarly, the scheduling may change if one parent needs to move too far away for the current schedule to accommodate.
Child custody in Queens refers to who raises the child and makes important decisions about medical care, education and their religious beliefs. Child custody laws in Queens are outlined in the state’s child custody laws.
Child custody issues can arise for parents who were married or not married at the time the child was born. Both unwed and once married parents have the same options when it comes to child custody. The only added step is that an unwed parent may have to establish paternity before pursuing child custody.
What is Physical Custody in queens?
Physical custody gives a parent the right to live with their child. It may sound odd, but it is true. This type of child custody is often called residential custody because a judge decides if a child lives with one or both parents.
Joint custody is granted to both parents. The child will live with both parents according to a plan agreed to or decided by the court. For example, a child may live with their mother during the week and their father during the weekend.
Sole custody is granted to one parent. The child will live only with one parent. This means the other parent would become the non-custodial parent. As the non-custodial parent, you would be restricted to spending time with your child. Your visits may be supervised or unsupervised. Unsupervised visitations are typically allowed when there is some domestic violence, sexual abuse or drug addiction.
What is Legal Child Custody in Queens?
Legal child custody is the legal right to make decisions about how a child is raised. This means making decisions about where they attend school, what religious faith they will practice, and type of medical care received. A judge will grant either sole or joint child custody.
Joint child custody will give a parent the right to make all decisions about their child. If one parent wants to move from Queens to Alaska, the other parent can say no or take the matter to family court. Each parent has the right to make these decisions.
However, sole legal custody is only granted to one parent. This means the other parent cannot make legal decisions about how their child is raised.
Does a Mother have the Upper Hand in Child Support Cases in Queens?
No. The court does not give any parent the “upper hand” in child custody cases. Instead, New York family court follows the standard of what’s best for the child. This standard puts the needs of the child before what the parent desires. A judge over a child custody case will use the following issues outlined in the best interest of the child standard:
• Each parent’s ability to care for their child
• Each parent’s ability to get along with the other parent
• The child wishes (if they are at an age to understand the child custody issue)
Are You Looking for a Child Custody Attorney in Queens? Contact us.
If you have questions about your child custody issue or need to resolve a child custody issue, contact us for help. We are here to explain unfamiliar legal jargon and honestly tell you about your legal rights.
Whether you want to negotiate a child custody agreement, or you want to prepare for trial, we will be with you every step of the way. Let’s start with a free initial case evaluation. We will answer your questions and tell you how we will work to resolve your child custody case.
A Queens Child Custody attorney provides legal expertise when you’re in a battle for the most important gift you’ve ever received -your children. Spodek Law Group specializes in child custody cases, helping their clients and their children achieve the best results during the court hearing. This law firm divulges all the details of the matter, working in the best interest of the children and you, the client. Spodek Law Group works diligently to see that the case is handled fairly and justly.
Why You Need a Child Custody Lawyer
Many emotions surround a child custody case, whether you’re fighting to regain custody of the children you lost, against a spouse during a divorce, or another matter involving custody. A lawyer understands that it is an emotionally trying time and assists you in many ways.
– Lawyers handle the mounds of paperwork associated with a child custody case
– As legal experts, lawyers ensure that their clients are handling the matter in the proper way so there are no technicalities or other issues affecting the case
– Files affidavits and summons
– Isn’t afraid to go against another lawyer, sometimes aggressively, if needed
– Answer the hard questions with confidence
These benefits are just a handful of the many you enjoy with an experienced child custody lawyer representing your case. No matter your relationship to the child, Spodek Law Group works with you during a child custody case. When there is a lawyer standing by you in court, there is a confidence that you gain you wouldn’t otherwise have. You have peace of mind and assurance that the case will go the way that it should. You are confident that your lawyer has your back, and there isn’t a better feeling in the world, especially when it is a child custody case.
Child Custody Facts
Here are a few child custody facts important to know.
– A judge can award sole custody, physical custody, temporary custody, or join custody in a child custody case. The factors listed below are some of the factors that a family judge uses to determine which type of custody is best in a case.
– Most judges favor a child being with his or her other. If you are a father seeking custody of yur children, it is even more important that a lawyer represent you in court
– Child support may be awarded to a parent without custody of the child. The family court judge may set this amount during the child custody hearing.
– The courts make modifications of custody if you request such a modification be made. Should you desire a modification of an existing order, Spodek Law Group can handle such matters.
Working with a Queens Child Custody Lawyer
The attorney appears in court at every hearing, although you’ll meet in-office several times before the court hearing. The Queens family court is located at 151-20 Jamaica Ave. You should appear in court with the attorney at the date and time specified, however, he is likely to do most of the talking during the hearing, or at least guide you on the right things to say to benefit your case.
When the judge hears the child custody case, he is working in the best interest of the children. Factors such as who currently cares for the child, the school the child attends, the person who takes the child to doctor appointments, etc. are all used in a child custody case. Sometimes, however, things aren’t as clear as they see from the outside. The attorney handling your case ensures that all sides of the story are heard, helping you gather evidence in the case, ensuring that you’re aware of the laws surrounding child custody, and minimizing contact that you have with the other parent.
Why Spodek Law Group?
Experience matters. Spodek Law Group has child custody expertise with plenty of courtroom experience and verdicts in favor of the clients they represent. This firm understands that your children are the most important thing in your life, and that the case may be a bit emotionally trying. The lawyers are there to guide you legally, and to offer a shoulder to lean on when it is needed. Spodek Law Group fights for their clients, putting their expertise to work for your child custody case.
How is child support determined?
How child support payments are determined can differ between states. Many states use something called the income share model. Other states use the percentage of income model. There are also states that use a combination of the two models. Some states use something called the Melson formula for child support calculations.
Income Share Model
In these states, child support is based on the income of both parents and the total number of children involved. Once the total amount of income for both parents is determined, an economic table is used to figure out the costs associated with raising children in that particular state.
Percentage Of Income Model
In these states, a court will base the amount of child support on a certain percentage of the non-custodial parent’s gross income. The number of children being supported is also taken into consideration. The percentages will vary between states that use this model. In some states, it’s a flat percentage of income. This percentage does not change even if there is a change in the non-custodial parent’s income. With states that have a varying percentage, the amount of child support will change as the non-custodial parent’s income changes.
Melson Formula
States that use the Melson formula have the amount of child support payments based on a set of varying factors. This could include such things as a child’s needs based on age as well as standard of living adjustments and more. It is able to provide more money for child support if a parent experiences an increase in income. Calculating an amount for child support in a state that uses the Melson formula is often considered very complicated.
Court Determination
In all states, the court has the authority and power to deviate from the state’s child support model. They are able to base child support payments on a number of other factors. This could include such things as any specific financial needs of the child or children as well as the standard of living they experienced prior to the divorce. The non-custodial parent’s financial ability to pay. The expenses of the custodial parent as well as the amount of time the child spends with the non-custodial parent. All of this and more will influence the amount of child support a person is required to pay. In some situations, a judge has to also take into consideration a parent who is paying other child support orders. Should a child have an inheritance or trust, a judge can take that into consideration. The terms of the divorce or separation agreements could influence the amount of child support.
Evaluating Income
Most states permit a judge to take into consideration how much the parent paying child support earns as well as what they actually earn. This is an issue if the parent paying child support intentionally takes a lower paying position. The needs of the child are always put first. In some situations, a parent paying child support could intentionally earn less because they are going to school. In this case, a judge may let the original support order remain in place.
Child Support Modifications
There are many things that can impact a person’s income. It is possible to change a child support order. This could involve an increase in ability to pay as well as an increase in the need for support. The easiest way is for a modification to occur is when both spouses agree to the modification and submit a change request for approval by a judge. When spouses don’t agree, they can ask to hold a hearing with the court. At this hearing, each spouse will be able to present their justification for altering a current order of child support. Most courts discourage this and will only agree to modify a support order if the spouse paying child support can show proof their financial circumstance have changed.
If you have questions, please speak to our divorce lawyers in NY. Our attorneys are available 24/7, to help you.
Call Us