New York City Child Custody Lawyer - Child Custody & Visitation

With the help of our attorneys, you can protect your interests and your family.

Child custody and visitation are often the most contentious issues that must be worked out between divorcing spouses. It’s extremely important to make the right decision and provide the proper accommodations for your child’s welfare and overall well-being as they grow up.

New York Family Law Group is here to help you navigate this process and seek the custody and visitation rights you deserve. Contact us today at (718) 293-1542 to schedule a consultation with our team of family law attorneys

What Is The Difference Between New York Child Custody And Visitation?

There are two distinct forms of child custody: physical custody and legal custody.

Legal custody refers to which parent has the right to make “major decisions” about the child’s life, such as healthcare, schooling, religion, and so on. New York courts typically presume that parents will share “joint legal custody” and make these decisions together. But in some cases, one parent may be given sole legal custody on a case-by-case basis.

Physical custody is separate from legal custody. It refers to the parent who has responsibility for their physical needs (food, shelter, etc), as well as the time each parent is entitled to spend with the child.

In joint physical custody, parents share equal time with the child. If the child lives with one parent more than 50% of the time, that parent is typically referred to as the “primary custodian,” or “physical custodian.” The other parent then has certain “parenting time” and “visitation” rights that will be set forth by the court.

At New York Family Law Group, child custody lawyer Martin Mohr and our team of NY custody and child support attorneys may be able to help. Call us today at (718) 293-1542 for more information on child support, child custody, and visitation. 

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How Is New York Child Custody Determined?

Child custody is determined by the court, based on the “best interest” of the child. A lot of factors can be considered, like the child’s preferences, the income and stability of both parents, the safety and home environment each parent can provide, and other such details.

If both parents agree on certain custody terms and the court approves, custody can also be determined by this agreement. This is often a faster and simpler way to resolve the issue and decide the custody of the children.

It is important to seek the help of a New York child custody lawyer in dealing with matters involving child custody, child support, and visitation. NYFLG’s team of NY family law attorneys in New York City is ready to assist you. Call our law firm today to schedule a consultation.

The Legal Obligation of a Judge in Child Custody Matters

A judge has the legal obligation to ensure the best interests of the child in any case. When a judge reviews a mediated parenting plan, they have to consider the factors surrounding the divorce and ensure that the children’s emotional and physical well-being are protected. Mediation allows divorcing spouses to utilize their personal connections with their lifestyles, children’s needs, as well as other factors, to craft a parenting plan that suits everyone.

A judge will consider several factors when deciding child custody and visitation. One parent may not be allowed legal custody if they have a history of domestic violence or drug abuse. They may have only limited access to their children until they are no longer considered a threat to the children. A judge will likely seek a joint custody arrangement that gives the children equal access to both parents if they are both reasonable, competent, and caring.

Child custody, child support, and visitation can be very complicated to navigate. If you are looking for legal advice regarding child visitation in New York, our team of attorneys may be able to assist you in creating a custody arrangement that works for the children and the whole family. Contact our firm today at (718) 293-1542 to schedule a consultation.   

Child Custody Lawyers Discuss Modification of Child Custody

Yes. The typical requirement for modifying a custody order is showing a “substantial change in circumstances” for one parent or the child since the custody agreement was established. In addition, some custody orders can be modified without going back to court if the parties agree to the modification. A substantial change in circumstances is something one or both parents could not anticipate at the time the order was issued.  There are many variables as to what would be considered a substantial change in circumstance, which is why it is important to speak with an attorney.

NY child visitation attorney Martin Mohr and his team of child custody lawyers may be able those who need legal advice on the custody of their children. Call our skilled NY lawyers today at (718) 293-1542 to schedule a consultation about child custody law and family law. 

Can A Parent With Custody Relocate With Their Children?

In general, you are not permitted to move away from NY if you have legal or physical custody of a child unless you have the full permission of the non-custodial parent, or obtain permission from the court to do so.

You also must have a good reason to relocate – typically, a “change of scenery” or even marrying a new spouse are not compelling reasons. In contrast, employment reasons or a medical reason for relocation may be more compelling causes for relocation.

To relocate, you must either obtain consent from the non-custodial parent or file a petition and request a court hearing. In a court hearing, the court will consider your reasons for relocation and the best interest of the children.

The court will weigh the benefits and reasons for relocation against the children’s relationship with the parent, grandparents, other relatives, school, community, and other relevant factors. The further away you plan to move, the more difficult it can be to win this case.

If you are looking to relocate as a custodial parent, it is important to speak with an experienced New York child custody attorney. A skilled lawyer may be able to help you create a parenting schedule that can work for both you and your ex-spouse. Having a lawyer can also help you answer questions that you may have regarding the process.

At NYFLG, child support attorneys Ethan Steward and Martin Mohr along with our team of NY attorneys are experienced in helping divorce parents ensure that their parenting schedule is in the best interest of their children. Call our law firm today to schedule a consultation.

“We are focused on what matters to you, your family, and your future.”

Martin Mohr & Ethan Steward

Managing Partners of New York Family Law Group

What Qualifies As An Unfit Parent?

Unfit parents can be defined in multiple ways in New York. An unfit parent could be someone who is struggling with substance abuse, sexual abuse, or physical abuse. They are known to engage in harmful and dangerous behavior around the child. If the parent puts the child into dangerous situations, it could be an indication of unfitness.

These are examples of unfit parenting:

  • Poor supervision of the child
  • Not providing the basic needs of the child
  • The child is at risk of dangerous situations or safety hazards
  • The child’s other parent is known for hanging out with criminals or gang members.

At New York Family Law Group, our team understands how a divorce affects children. Especially with an unfit parent, it can be very complicated to navigate a child custody case. A skilled lawyer may be able to help you understand your rights and responsibilities in a child custody and visitation case. Contact us today at (718) 293-1542 to schedule an appointment. 

How To Prove That A Parent Is Not Fit

Even though a parent might have seen or known of unfit behavior, the evidence must be established to bring about legal consequences. A judge must be capable of determining if a parent has been unfit on the basis of evidence in a custody case.

Some evidence that may help the court determine the ineligibility of a parent could include:

  • Testimony of witnesses
  • Video documentation
  • Physical injuries and mental problems are documented in medical reports
  • Text messages, voicemails, or emails.
  • Alcohol and drug testing
  • Criminal records

If you have doubts about whether your child is at risk while with their parent, don’t hesitate to inform the court. Your child’s safety and well-being are your top priority.

After the evidence is collected, paperwork needs to be filed. It is best to have an attorney explain what documentation is. Legally serve the paperwork to the other parent. This will allow them to defend themselves.

Possible Issues When Creating Visitation Agreements

Similar to custody, parties can collaborate to create a visitation plan. With the right guidance and circumstances, this process can be smooth and can result in better relations with the children. However, some people may find the issue of visitation very contentious.
The creation of a visitation agreement involves many different considerations any of the following could lead to dispute.

  • Creation of a schedule for visitation that is mutually agreeable
  • Transfer of the child from one parent to the other
  • Communication between the parents
  • Parental responsibilities in parenting time

There are no one-size fits all visitation arrangement. Given the complexity of visitation proceedings in New York, you might find it helpful to speak with an experienced family lawyer to guide you.

Schedule A Consultation Today.

Seek the Help of an Experienced Child Custody Attorney In New York

Navigating child custody and visitation laws can be very complicated. It can be overwhelming especially when you are dealing with a contested divorce. At New York Family Law Group, we have assembled a team of experienced child custody attorneys in New York. With the help of our team, you can protect your rights and the interests of your child.

Contact us now at (718) 293-1542  to discuss your case and get the legal assistance you need. 

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