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Staten Island Joint Custody Lawyer

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Welcome to the Spodek Law Group - a premier, and top rated, divorce law firm.





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" Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

" Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

" Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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Staten Island Joint Custody Lawyer

If you face a divorce, paternity, or post-divorce matter that involves custody issues, including those centering on joint custody, you need to have a basic familiarity with New York law. A Staten Island joint custody lawyer can provide you not only the information you desire, but the representation you need to best protect your legal rights and interests.

Joint Custody Defined

Joint custody represents a custodial arrangement in which both parents share in the upbringing of a minor child. Joint custody in New York is generally contrasted with sole custody. Under a sole custody arrangement, only one parent plays a primary role in the upbringing of a minor child.

There is No Presumption of Joint Custody

Staten Island Family Court doesn’t begin a case from any assumption that joint custody is what’s best for a child. On the contrary, it is in your best interest to work with a Staten Island joint custody attorney to file a request for joint custody of your children. You will need to explain why you believe it’s in the best interests of the child to be under the shared custody of both parents.

Some situations where joint custody might be appropriate were documented in the New York case of Trolf v. Trolf. The court can grant joint custody to parents who can get along reasonably well. They say that the best situations are ones where the parents can be friendly with one another and work together for the good of the children.

Points of difference in a marriage shouldn’t prevent a qualified mother or father from having joint custody of their children. It doesn’t matter if the parents are not friends with each other. What makes the difference is whether they can reasonably cooperate for the sake of the children.

Joint Legal Custody

According to New York law, legal custody is the ability of a parent to make primary life decisions for a minor child. These decisions include such matters as religion, education, and medical matters. Joint legal custody exists when both parents share in making primary life decisions for a minor child.

Joint Physical Custody

Pursuant to New York law, physical custody is the right of a parent to provided a residence for a minor child. Joint legal custody is a situation in which both parents provide a residence for a minor child a substantial amount of time.

Division of Custody

New York law permits custodial arrangements to be divided in a number of different ways. For example, one parent might have sole physical custody of a child and yet share legal custody with another parent. In another scenario, both parents may jointly have legal and physical custody of a child. A situation could even exit when one parent has both legal and physical custody of a child and the other parent has neither.

Establishing a Joint Custody Agreement

Parties to a divorce, or paternity, case have the ability to negotiate a custody agreement. In fact, courts usually encourage parents to attempt to negotiate an agreement between themselves when it comes to issues like custody of a minor child.

Even when parties negotiate a custody arrangement, that agreement must still be approved by the court. The court must make sure that the custody agreement meets the legal standard for such legal and physical custody in the state of New York.

The Legal Standard for Custody

New York law outlines the standard to be utilized in establishing the custody of a minor child. It covers both legal and physical custody. It applies to a situation in which joint custody is being considered.

In New York, a custody arrangement must be determined to be in the best interests of the child. In determining whether the arrangement is in the best interests of a child, a court will look at a variety of different factors.

Considerations include the health of the parties, the residential situation of the parties, and a look at which parent historically has been the primary caretaker of the child. Other factors can also come into play depending on the unique situations of a case.

Who Can Be Awarded Visitation in New York?

Either of the child’s parents, siblings (including half-siblings), and grandparents are permitted to petition for visitation.  The judge in family court will rule on whether visitation with the petitioner is in the child’s best interest. In general, a child’s parent is entitled to frequent and meaningful visitation with them.  If, however, it is proven in court that the visiting parent would be harmful to the child, then a judge will limit that visitation.

What If the Other Parent Violates our Custody and Visitation Order?

If there is already custody order in place, and the noncustodial parent decides not to return your child to you after a visit, you should call the police for assistance in getting your child back.  In more serious scenarios, the other parent can be arrested.

Also, in such scenarios, you have the right to file a violation petition in Family Court to enforce provisions surrounding custody or to enforce provisions about your visits.

Parents and custodians can retain attorneys to represent them in violation petition cases.

In the event that the noncustodial parent refuses to visit their child, the court does not have the power to force him or her to visit.  Nonetheless, that parent’s visitation award could be decreased and will not be increased until he or she resumes visits with their child consistently.

How Does the Court Determine Joint Custody?

When the court makes a determination about custody, they make a decision as to whether if the parents are going to be able to be amicable enough to make joint custody work. They also consider if the parents reside in close enough proximity to each other in order to split the time effectively even when the child goes to school or participates in other local activities. The court needs to consider if there are any major reasons that one parent should have the majority of the parenting time, such as domestic violence or a history of substance abuse

Retain a Staten Island Joint Custody Lawyer

Your first step in obtaining legal representation is arranging an initial consultation with an experienced Staten Island joint custody lawyer. During this preliminary meeting with a lawyer, you obtain an evaluation of your situation and answers to any questions that you might have about joint custody and other issues. There typically is no fee charged for an initial consultation with a Staten Island joint custody lawyer.

What custody arrangement is best if he is abusive

People choose to get a divorce for varied reasons. Sometimes people simply move on and realize they have little in common. In other instances, the relationship between the two parties may have turned out poorly. Unfortunately, there are instances where one party may actually abusive to the other party. Abuse can take many forms. One party may abuse the other party in the marriage verbally. They may say cruel things and undermine the other person’s confidence. Another form of abuse is physical abuse. Physical abuse can also take many forms. A man may occasionally hurt his wife when angry. In other instances, the physical abuse may be ongoing and happen on a weekly basis. A man may actually physically hurt his wife with objects or with his fists. Such abuse is a very serious matter. Many battered wives are often reluctant to talk about the abuse they suffer to outside sources.

Speaking Out

Speaking out about any kind of spousal abuse can be extremely hard. Those who cope with such abuse often feel isolated and alone. A spouse who engages in such behavior may limit their wife’s contact with others in order to control her actions and make it hard for her to let the world know what is going on in the household. However, a woman may find the courage to break free of a relationship that is bad for her. In that case, a divorce is often the best course of action for her. It allows her to get away from the abuser and make a new life. Many women have children. For abused women, the process of divorce is not only on opportunity to break free of her abuser. It’s also an opportunity to further protect her children. Many men who are hurtful to their wives may also engage in abuse against their own children in some way. This can take varied forms. A man may spend lots of time yelling at kids. They may also go out of their way to actively hurt the child with a body part such as a fist or with some physical object.

Custody Options

If the event of any kind of problem of this sort, letting legal counsel know can be hard. The abuse may have been hidden for years. However, a woman’s need to protect her children is a paramount feeling. A lawyer will listen to her testimony and help her decide what to do next. In many cases, the best kind of custody arrangement for her will be sole custody. Sole custody is when one parent assumes all of the responsibility for the children. That parent is the one who has the legal right to make all important decisions on their behalf. The other parent has limited if any rights to come in contact with the children. Any parent who has been abused by the other partner should be aware that gaining this kind of custody can be hard. They may need to be prepared to prove the other partner is unfit. In that case, they may be asked for all sorts of documentation illustrating evidence of abuse. This kind of documentation can take many forms. A spouse can show they have been physically harmed with pictures that demonstrate they have a black eye. Other forms of documentation include any medical records such as an emergency room visit. A child can also testify to the judge about any kind abuse they may have witnessed. For example, they can tell the judge that one parent hit the other parent or they can tell them about the abuse they have suffered by the other parent.

Preparing To Fight

Getting sole custody can be difficult. An alternative to such custody is primary custody. Primary custody means that one parent assumes nearly all the responsibilities for the children of the marriage. The other parent has limited rights. They may have the right to see the children for a few hours a week. This form of custody can be easier if there’s not enough documentation indicating that abuse has been present. Anyone should keep in mind that custody arrangements are not permanent. They can be changed as circumstances change. If the person can prove abuse, it is possible to change such arrangements. For many abused women, the primary goal should be to get out of the relationship as soon as they can. A lawyer can help make sure they and their children are fully protected from abuse.


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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