New York City Custody Lawyer
A New York City custody lawyer can provide you with the vital legal assistance you need in a divorce, paternity, or post-divorce case in which custody is an issue. In addition, a New York custody can also assist you if the issue is parenting time, or visitation. A lawyer can assist in establishing, enforcing, or amending a child custody order.
The Custody Standard Utilized in New York
New York law establishes a standard to be utilized in custody cases. In New York, custody decisions are to be made with the objective of satisfying the best interests of child who is the subject of the proceedings. This is the standard utilized in nearly all jurisdictions in the United States.
In ascertaining what is in the best interests of a child, a number of factors are considered. These considerations are undertaken on a case by case basis. One size does not fit all when it comes to custody determinations in the state of New York.
When considering custody issue, the court will look at which parent historically has been the primary caretaker of a child. In addition, the court will consider the general health of all parties. This includes physical, mental, and emotional health. The court will examine the living situations of the parties.
Physical Versus Legal Custody
Physical custody involves the determination of which parent will provide a primary residence for the child. In determining physical custody of the child, a court will also make an order relating to parenting time or visitation of the non-custodial parent.
Legal custody involves the ability of a parent to make certain major life decisions for the minor child. These decisions include those associated with medical care, religion, and education.
Joint Versus Sole Custody
Joint custody exists when both parents share custody of a child in some manner. For example, parents may have joint legal custody. In such a situation, both parents participate in making major life decisions for the child.
Sole custody is a situation in which only one parent is awarded custody of a child. For example, a parent with sole legal custody will be vested with sole authority to make major life decisions for the child.
In New York, courts favor parents being able to make decisions regarding issues like child custody, whenever possible. With that said, even when parents negotiate a custody agreement between them, the determination must be reviewed by the court. The court must confirm that even an agreed custody arrangement is in the best interests of the child.
Retain an Experienced New York City Custody Lawyer
You best protect your legal interests in regard to child custody issues by engaging the services of a skilled, experienced New York child custody lawyer. if you are in need of this type of professional representation, you need to schedule what is known as an initial consultation with a New York City custody lawyer.
Legal counsel will provide an evaluation of your custody matter during an initial consultation. You will be able to obtain answers to your questions. As a matter of practice in New York City, a person typically pays no legal for an initial consultation with a custody attorney.