The outcome of a custody dispute is a crucial matter for every parent and the family. Getting professional legal help from a Custody Attorney can speed up the process and improve your chances of getting the resolution you want.
The best way to resolve a custody issue is to reach an out-of-court settlement with your spouse or partner. Many parents are able to reach mutual agreements through informal settlement negotiations and avoid the stress of going to court.
When that is not possible, a court will decide the issues of custody and parenting time visitation. Darren has litigated and settled many custody and parenting time cases in the Supreme and Family courts on Long Island, Queens and Manhattan. He understands the importance of putting children’s interests first, and he will work to achieve a custody arrangement that is in your child’s best interest.
There are two types of custody in New York: legal and physical. Legal custody gives the parent the right to make decisions about things like religious affiliation, education and medical care for the child. Typically, parents share legal custody but in some circumstances, a judge will award one parent sole legal custody.
Physical custody, also known as residential custody, refers to where the child will live. The child will be with the parent most of the time, and the non-custodial parent will have a set amount of time to spend with the child each week, on weekends and holidays, and over a specified number of weeks during summer vacation. Usually, the custodial parent will be responsible for providing housing and making school related decisions.
A child custody lawyer can assist with negotiating an agreement and helping to draft the necessary paperwork for filing in court. The lawyer can also explain complex legal matters and how they relate to a specific situation. In cases of domestic violence or other serious issues, a lawyer can advocate for the client to have certain restrictions placed on the abusive parent’s access to the children.
Once an agreement is made, a lawyer can also help to modify it in the future. This is important because life changes and having an updated agreement can be beneficial for everyone. The lawyer can also ensure that the terms of the agreement are being adhered to and enforce any penalties if they are not.
A final benefit of a custody lawyer is that they can negotiate on your behalf without emotion. This is very important because when a parent loses control of their emotions, it can lead to heated arguments and other issues that jeopardize your case. An experienced attorney can help to keep your discussions calm and focused on achieving a result that is in your child’s best interests. This can include resolving issues of parental alienation, which is when a parent attempts to undermine the other parent’s relationship with their child. This can be very harmful to a child’s mental health, and a lawyer can provide guidance to address these concerns.