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NYC Child Custody Lawyers

August 8, 2018

When parents are unmarried and unable to agree on child custody issues, the courts can step in. The New York courts make decisions about child custody, parenting time and child support. If you’re facing a child custody case, our NYC child custody lawyers can help.

What is child custody?

There are two types of custody that the court decides when they rule on a child custody case. Legal custody is which parent makes important decisions regarding the child and their upbringing. A parent with legal custody decides where the child goes to school, what religion they practice and other major decisions. If the child needs important medical care, the parent with legal custody decides what to do. The court might award legal custody to one parent, or the parents may share legal custody.

The other type of custody is physical custody. The parent with primary physical custody provides the most day-to-day care for the child. For most children, both parents spend some time with the child on a schedule, but physical custody refers to the parent who spends the most time with the child. Physical custody forms the basis for a child support determination.

Even if the court awards primary physical custody to one parent, the court awards parenting time to both parents in nearly all cases. The court has flexibility when they decide what parenting time schedule to order in the case. The court may also place conditions on parenting time. They might determine transportation for parenting time, or they might require a parent to avoid alcohol or drug use during parenting time. The court may refuse parenting time where a parent’s ability to provide safe care is in serious question.

How do the courts decide custody?

When the courts decide custody, they look at the evidence in the case. They conduct a trial where they receive evidence and make conclusions of law. The court reviews the evidence in light of what’s best for the child. They look at what parent spends more time with the child, the child’s home environment and whether either parent has a substance abuse or mental health concern that might impede their ability to parent. The court may consider any evidence that’s relevant to the well-being of the children.

How do I win custody in my family court case?

To win your family court case, it’s important to present the evidence to the judge that favors your case. Whether it’s witness testimony, school or medical records, criminal records or other documentation, you have the burden of gathering the evidence and making arguments to the judge. To win your case, you must carefully determine what evidence you need to win. You must prepare the evidence for your hearing and present it in court. Finally, you must clearly tell the court what outcome you’re asking for. You must explain to them why it’s in the child’s best interests to make the order that you’re looking for.

How our NYC child custody lawyers can help with your custody case

Our NYC child custody lawyers have experience helping our clients prepare and present evidence in child custody cases. We’re familiar with the rules of evidence, and we know what it takes to admit evidence in a court hearing. It’s often far more complicated than simply bringing copies of papers with you to court. We know how to ask the right questions and form the arguments to present your case in a way that’s clear and persuasive.

Preparing your arguments in a child custody case

In a child custody case, the court looks at the entire situation as a whole. There’s rarely one factor or characteristic that by itself decides a custody case. There’s no checklist for the judge to score points and total up who wins. Instead, you must present the court with the entire situation in order to win your case.

The court can establish and modify custody

You may need the help of our NYC child custody lawyers to establish your initial child custody order. You may also need help modifying a child custody order. Until the child reaches the age of majority, the court can make changes to the child’s custody order. Whether you’re looking to establish custody for the first time or modify an existing custody or parenting time order, our lawyers can help. If you have questions about child custody in New York, contact our NYC child custody lawyers.

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