Child Custody
When a marriage that has produced children ends in divorce, determining custody arrangements can prove to be one of the most emotionally difficult and contentious obstacles to achieving a resolution. At the Law Office of Joshua Adam Kittenplan, you’ll receive both compassionate and solid legal advice combined with excellent representation to arrive at a child custody arrangement that is beneficial both for you and your children. Our firm excels in providing personal service and attention to our clients and ensuring they have access to their lawyer whenever they need him. This is perhaps never more important than when your relationship with your children is at stake. For help with custody matters in a New York divorce case or child custody dispute, contact our experienced lawyer today.
How Custody Is Decided in New York Divorce and Child Custody Disputes
In any divorce or other proceeding involving parental rights to custody of the children, two different forms of custody will be considered: physical custody and legal custody. Physical custody refers to the parent responsible for the care and supervision of the children. Physical custody is also known as residential custody since it deals with where and when the child lives with each parent. Physical custody can be joint or sole. Joint custody means the parents split their custodial time with the children equally between them. Sole custody means that one parent has the children more than 50% of the time, while any time spent with the noncustodial parent is known as visitation.
Legal custody refers to the right and responsibility to make decisions regarding the child’s medical care, religious upbringing, and other matters related to child-rearing, such as education and extracurricular activities. Legal custody can be shared jointly or granted solely to one parent. Legal custody does not have to match physical custody; parents can share physical custody with one parent having sole decision-making authority, and likewise one parent could have sole physical custody but the parents could share in making critical decisions about how the child is raised.
New York child custody law does not favor the mother over the father. The guiding principle is to create an arrangement that is best for the children. At the Law Office of Joshua Adam Kittenplan, we’ll work with you, your co-parent, and their attorney to come up with an arrangement that meets everyone’s needs. When the parents are able to communicate with one another and work together, the result is usually a plan that works best for everyone. Of course, we realize that divorcing spouses are not always able to work together effectively. We can take on this role for you and represent you in negotiations with your spouse’s attorney or guide you through a more formal process like mediation. If the matter needs to be resolved through a hearing or trial, our experienced courtroom litigator provides expert assistance and zealous advocacy as your voice in court.
When the matter of child custody winds up in court, the judge will consider several factors in determining what arrangement is best for the kids. With years of experience in family law and civil litigation, our courtroom lawyer will prepare and present a strong case arguing for your preferred custody arrangement based on the factors considered by the court. These factors are:
- Who has been the main caretaker, caregiver or nurturer of the children to date?
- What are each parent’s parenting abilities, skills, strengths, and weaknesses, including their ability to provide for any special needs the child might have?
- What does the physical and mental health of each parent look like?
- What are the parents’ work schedules, including how they deal with child care?
- What do the child’s relationships with their siblings and other family members look like?
- Is there any history of domestic violence by one parent against the other parent or the child? Even a parent who committed domestic violence could still get custody or visitation if the court found it to be in the best interests of the child and that the parent does not present any danger to the child. Domestic violence can include physical, sexual, emotional, mental or financial abuse.
- How strong is each parent’s ability to work with the other parent on parenting matters and encourage a relationship between the child and the other parent?
- What is the child’s preference regarding custody, assuming the child is deemed mature enough to give reasonable input to the court?
Contact the Law Office of Joshua Adam Kittenplan Today
Your relationship with your children is too important not to get advice and representation from a skilled and compassionate family law attorney who will take the time to understand your situation and work tirelessly to achieve a result that meets your needs. You’ll find the skill, experience, and level of commitment you need at the Law Office of Joshua Adam Kittenplan in Commack. Call our experienced Commack child custody lawyer today.
