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Yonkers 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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Yonkers Joint Custody Lawyer

If you’re in the middle of a divorce or custody case, you might wonder if joint custody is an option. Although New York doesn’t have any presumption that a child should have joint custody, you can ask the court to consider it and explain why it’s the best option for your child. Our New York City joint custody lawyer team can help you prepare evidence and arguments as you fight for joint custody.

No Presumption of Joint Custody

A New York court doesn’t start a case with the assumption that joint custody is what’s best for a child. Rather, you need to work with a New York City joint custody attorney in order to make a request for joint custody. You’ll need to show why it’s in the best interests of the child to share custody with both parents.

The New York case of Trolf v. Trolf talks about some situations where joint custody might be appropriate. They say that the court might award joint custody where the parents can get along reasonably well. They say to look for situations where the parents can be civil with one another and cooperate for the good of the children.

Even disagreements in a marriage shouldn’t prevent a qualified parent from having joint custody. It doesn’t matter if the parents get along with each other or not. What matters is whether they can reasonably cooperate for the good of the children.

Physical Custody vs Legal Custody

There are two types of custody in New York. These are legal custody and physical custody. If a parent has legal custody, they get to make major decisions about the child’s upbringing. That is, they decide where the child goes to school, whether they receive medical care and their religious training. One parent might have sole legal custody, and parents might share legal custody. If parents share legal custody, they have to agree on major decisions for the child.

Physical custody is who cares for the child. If a parent has the lion’s share of time with the child, they have primary custody. When parents share time with the child more or less equally, they share physical custody. When a child is with a parent, that parent makes routine decisions about the child’s day including their eating, sleeping, discipline and entertainment.

What if I don’t win joint custody?

In the vast majority of cases, both parents have significant parenting time with a child. Even if you don’t have joint custody, chances are you’ll still have significant time with your child. If there are significant concerns, a parent might have parenting time under limited conditions such as orders not to consume alcohol or substances. A parent may have parenting time supervised by a third party if the court feels that it’s best for the children.

Who Is Eligible to Get Custody of a Child in New York?

The mother and legal father of a child can petition for custody.  The term “legal father” describes a man who has either signed an Acknowledgement of Paternity, received an Order of Filiation from the court, or is listed as the father on the child’s birth certificate.  Each of these documents establishes paternity, that is , they verify that the man is the legal father of the child. 

Additionally, there is a legal presumption that the husband of the child’s birth mother is also the child’s father.  In cases where a child is conceived through artificial insemination or in-vitro fertilization with the spouse’s written agreement, that presumption also applies. 

Pursuant to a new case decided in 2016, in some circumstances the domestic partner of the child’s birth or adoptive parent can establish parenting rights, even if they were  not married to the parent listed on the child’s birth certificate and never adopted the child. The former partner might be required to that they and the other parent had agreed to conceive and bring the child up together. 

In any event, neither of the parents has a greater right to custody than the other.  If there is no custody order in place, either parent can keep the child.

Relatives and friends of the child could also petition the court for custody.  First, they must demonstrate that there are “extraordinary circumstances” that would give them the right to request custody in preference to either of the natural parents. Extraordinary circumstances include situations such as surrender by the parent, persistent neglect, abandonment, unfitness, or disruption of custody over an extended period of time. If they can demonstrate extraordinary circumstances, then they need to also prove that it is in the best interest of the child for the non-parent to be awarded custody.

Who Can Be Granted Visitation in New York?

Either parent, siblings and half-siblings, and grandparents are allowed to petition for visitation.  The court will decide whether visitation with the petitioner  is in the child’s best interest. A child’s parent is entitled to frequent and meaningful visitation with them, unless it is proven in court that it would be harmful to the child.

What If the Other Parent Disobeys the Custody and Visitation Order?

If you have a custody order in place, and the noncustodial parent refuses to return your child to you, you should contact the police for assistance in getting your child back.  In more serious situations, the other parent can get arrested.

Additionally, you may file a violation petition in Family Court to enforce provisions about custody or to enforce provisions about your visits.

Parents and custodians can get attorneys to represent them in cases of violation petitions.

If the noncustodial parent refuses to visit their child, the court is not able to force him or her to visit.  Nevertheless, that parent’s visitation award might be decreased and will not be increased until he or she visits their child consistently.

How We Can Help

Each day, our team of New York City joint custody attorneys fights for the rights of deserving parents and their children. We know how important it is for you to maintain your relationship with your child. Our team knows how to prepare legal arguments and strategy in order to help you succeed in the New York courts.

When you work with us, expect us to go the extra mile. We contact witnesses, prepare trial briefs and argue your case with enthusiasm. We know how much is on the line. If you have a New York City custody case, we invite you to contact us to see how we might be able to fight for you.


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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