Child Custody & Visitation

Serving Manhattan, The Bronx, Brooklyn, Queens & Staten Island

What happens to the children is often a difficult and contentious issue for spouses to work out in a divorce. Who will the children live with? Who will make important decisions in their lives? Are there issues ranging from abuse to addiction to neglect that might render a parent unfit? These are matters a New York City child custody attorney can work with clients on, advocating for their best interests and those of their children.

Legal Custody & Physical Custody in New York

Child custody is divided into two areas–legal and physical custody. To further break this down, both forms of custody can be granted either in full to one parent or jointly to both parents.

Legal custody refers to the ability to make decisions in the life of the child. This refers generally to parental authority in matters pertaining to religion, education, and medical care. Physical custody is where the child will live.

A New York family court starts with an important presumption–that the child’s best interests are served by both parents having an equal role in their life. And it is the child’s best interests that are the only criteria a judge will consider in custody cases.

This does not mean the outcome will necessarily mean legal and physical custody will be equally divided. But that is the starting point, and the burden of proof lies with the parent–and their New York City child custody lawyer–to demonstrate otherwise.

Furthermore, a court can choose to award sole custody in one area and joint custody in another. It’s not uncommon for a child’s best interest to be served by living primarily with one parent. Perhaps one of the parents lives closer to school and friends. It can also be considered stabilizing for a child to stay with whichever parent will get the house in the property settlement. Any number of reasons can make it preferable for a child to have one primary residence.

However, this does not mean that the non-custodial parent gets excluded from the important decisions that legal custody covers. The parent who settles for visitation rights every other weekend might still be granted an equal say in whether the child goes to a private school, attends religious training, or undergoes a medical procedure.

The Dynamic Nature of Custody Arrangements: Child custody arrangements can evolve over time as the needs and circumstances of the child and parents change. A previously suitable arrangement may require adjustments due to relocation, changes in the child's schooling, or the health and availability of the parents. Courts remain involved in modifications through requests for amendments, ensuring ongoing alignment with the child's best interests.

Ultimately, every situation is different because every family is different. Judges may start with the presumption that joint legal and physical custody is in the child’s best interests, but it’s certainly possible for a parent and their child custody attorney to persuade the court otherwise.

In custody and visitation matters every detail counts towards deciding the outcome and what the child’s life moving forward will be like. At Maryam Jahedi Law Firm P.C., we fight on even the smallest of legal matters–because when it comes to our children, nothing is truly small.

Understanding NYC Visitation Rights with a Child Custody Lawyer

If one parent is granted primary physical custody, that still leaves the matter of visitation rights for the non-custodial parent. It’s vastly preferable–though not always possible–for parents to work this out between themselves in a negotiated agreement.

It is further expected that visitation agreements will be extremely detailed, covering issues such as the following:

  • When Does the Non-Custodial Parent Pick Up the Kids & When Are They Returned? A good custody and visitation agreement will be specific along these lines– “Non-custodial parent picks up children after school on Friday and returns them on Sunday at 7 PM.”

  • How Is Custody During School Vacations Handled? A spring break schedule might specifically say that every other year, the non-custodial parent gets the kids. Other holidays might be structured in a similar every-other-year format, ensuring both parents get more or less equal holiday time each year.

  • The Right to Take the Children on a Vacation should be addressed in a thorough custody and visitation agreement. The amount of time for such a trip and when it can be taken can be a part of this–for example, authorizing the non-custodial parent to take kids on a two-week vacation every year during their summer break.

Additional Considerations in Visitation Rights: Crafting a fair and functional visitation agreement sometimes requires addressing additional aspects, such as electronic communication and travel arrangements. Establishing protocols for virtual visits can enhance a parent’s involvement in the child's life when distance or circumstances limit physical interaction. Moreover, clarifying responsibilities for travel costs and logistics ensures that visitation remains practical and supportive of parental relationships.

Is a Parent Unfit in NYC? Determining Fitness with a NY Child Custody Attorney

It’s an unfortunate reality that parents do suffer from problems like addiction. Some parents act abusively to their spouses and their children. Parents can be neglectful of a child’s basic needs. Perhaps these issues are the reason a divorce is being sought. Regardless of the reason, a child’s best interest is not served by spending time with a parent who is abusive, addicted, or neglectful.

But a parent’s unfitness must still be proven in court and that parent–as noted above–is given the benefit of the doubt. The burden lies with a spouse and their New York City child custody attorney to show the court evidence that the child will not be safe with the other parent. If the court is persuaded by this evidence, sole custody will be awarded, with visitation rights drastically curtailed or eliminated.

Proving Parental Unfitness: Demonstrating a parent's unfitness involves a comprehensive collection of evidence, which may include medical records, testimony from witnesses, and police reports. This meticulous process requires collaboration between the client and their legal team to ensure that every fact contributing to an unsafe environment for the child is presented thoroughly and persuasively in court.

Issues regarding our children are often sensitive, and that can be even more so during a divorce proceeding. It’s important that a parent’s attorney has a deep knowledge of the law and a firm grasp of all the necessary details. The lawyer must further have demonstrated their commitment to diligently advocating for the best interests of parents and children.

New York Child Custody Mediation

Mediation offers a structured yet flexible environment where parents can work towards mutually beneficial custody arrangements outside of court. It encourages open communication and collaboration, guided by a neutral third-party mediator who facilitates meaningful dialogue. This alternative dispute resolution process is particularly valuable in custody cases, as it helps preserve family relationships and mitigates stress on children.

Harnessing the benefits of mediation often leads to creative solutions tailored specifically to the family's unique needs and dynamics. When both parents actively participate, the process can yield a comprehensive parenting plan that covers every detail from daily scheduling to holiday arrangements. Successful mediation not only results in practical solutions but also establishes a cooperative framework for communication that can ease potential future conflicts.

Effects of Relocation on Child Custody in New York

IIn New York, relocation presents complex challenges in child custody arrangements, requiring careful legal considerations. The court's primary focus is on the best interests of the child, weightily considering factors such as the child’s emotional and academic needs, the distance of the move, and how relocation will impact their relationship with the non-relocating parent.

Parents seeking to relocate with their child must often demonstrate to the court that the move will enhance the child's life quality, whether through improved educational opportunities or better family support structures. Equally, the opposing parent may challenge the move if it disrupts established bonds. Courts strive to balance these needs carefully, ensuring that key relationships are preserved, and the child’s well-being remains central to any decisions.

Frequently Asked Questions About Child Custody in NYC

What Factors Does a New York Court Consider in Custody Decisions?

When deciding custody arrangements, New York courts place paramount importance on the child's best interests. Several factors play a critical role in the decision-making process, including the parenting skills of each parent, their ability to provide a stable and nurturing environment, the child’s academic, social, and emotional needs, and the child’s relationship with both parents. The court may also consider the preference of the child, depending on their age and maturity, and any history of domestic violence or abuse. Each case is unique, and courts strive to make decisions that best support the child's health, safety, and happiness.

How Can I Modify a Custody Order in New York?

To modify a custody order in New York, a parent typically must demonstrate a change in circumstances that significantly affects the child's well-being. This could include changes such as a parent's relocation, changes in the child's needs, or evidence of endangerment in the current living situation. The parent seeking modification must file a petition with the family court and present evidence supporting the change. Courts will then evaluate whether the proposed modification serves the child's best interests, following a similar evaluative process used in initial custody decisions. As with any legal process, it is advisable to work with an experienced custody attorney to navigate the modification process effectively.

Can Grandparents Seek Custody or Visitation Rights in New York?

New York law acknowledges the potential important role of grandparents in a child's life, yet their rights for custody or visitation are not automatic. Grandparents can petition for visitation rights, and occasionally custody, particularly if extraordinary circumstances exist, like parental unfitness or absence. When the court assesses such petitions, the child's best interests remain central. Factors may include the relationship history between the grandparents and the child and the potential impact on the child’s welfare without such interaction. If grandparents believe they have legitimate grounds, it's crucial to seek experienced legal advice to guide them through the petition process.

What Happens if One Parent Refuses to Follow the Custody Agreement?

A parent’s refusal to adhere to a court-ordered custody agreement can instigate legal interventions. Non-compliance undermines the legal framework established for the child's welfare. If a parent continuously violates the agreement, the other parent can file a motion with the family court to enforce the order. The court may hold hearings to ascertain the situation, and potential consequences for the non-compliant parent include modification of the custody order, fines, or even contempt charges. To protect the child's best interests, documenting each instance of non-compliance is recommended, and seeking legal counsel to address the issues promptly is advisable.

Are There Programs Available for Co-Parenting Support in NYC?

New York City offers various programs to help parents develop effective co-parenting skills post-divorce. These programs, offered by community centers, non-profits, and legal aid organizations, provide tools to improve communication, manage conflict constructively, and uphold the child's welfare. They may include workshops, counseling sessions, and educational materials designed to address the unique challenges of co-parenting. Participating in such programs can help parents maintain a focus on their children's needs, reduce parental discord, and foster a cooperative parenting environment. Engaging in these resources can be instrumental in ensuring a positive co-parenting relationship.

Protecting Your Child's Best Interests with a Child Custody Lawyer in New York

IWhen it comes to child custody cases, the most important factor is always the well-being and best interests of the child. Our experienced NYC child custody lawyers understand the sensitive nature of these cases and are committed to advocating for the rights of the child.

With our comprehensive knowledge of New York family law, we can help you navigate legal and physical custody arrangements, visitation rights, and determine if a parent is unfit to care for the child. Our goal is to ensure that the child's needs are met and that they are placed in a safe and nurturing environment.

By working with us, you can expect:

  • Compassionate and personalized legal representation

  • Thorough understanding of New York child custody laws

  • Advocacy for the best interests of the child

  • Clear communication and guidance throughout the legal process

We’re able to provide services in Farsi and Russian

332-237-3700

Address

111 Broadway

Suite 707

New York, NY 10006

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