Custody Disputes Attorney in Brooklyn

Family Law Experts in New York & New Jersey

In the event that you are going through a divorce or are in a legal dispute as unmarried parents of a minor child (under 21 years old), your rights to maintain a healthy and stable relationship with your child may be on the line. When it comes to custody disputes, it is preferred that the parents determine the custodial arrangements of their children if they can come to a mutual agreement. If they cannot, or if the court does not agree with the custodial arrangement determined by the parents, the court will intervene, weighing all relevant factors, and determine the child’s best interest when it comes to legal and physical custody, visitation and parental time-sharing. You should consult an experienced New York child custody lawyer to preserve and protect your parental rights. 

Our custody disputes law team can answer questions about the child custody process and guide you to make well informed decisions. Advising you on what can be used against you in the event of a custody battle, other parties who can assert child custody rights, as well as what the court can and will do in case the parents cannot come to a mutual agreement. We can also put together a strategy and the best course of action to conclude outstanding custody issues. 

Contact us online or call (718) 484-7510 to schedule a free initial consultation.

Overview of Custody Types

Legal Custody
Legal custody refers to the right and responsibility of a parent to make significant decisions about a child's upbringing. This includes choices regarding:

• Education: Decisions about where the child will go to school, whether to enroll them in private or public schools, and involvement in special education programs if needed.
• Healthcare: The authority to make medical decisions, including routine healthcare, emergency treatments, and choosing healthcare providers. This may also involve decisions about vaccinations and other preventive care.
• Religious Upbringing: The right to decide which religion, if any, the child will be raised in, including participation in religious ceremonies and activities.

Legal custody can be awarded solely to one parent (sole legal custody) or shared between both parents (joint legal custody), allowing them to work together on major decisions regarding their child's life.

Physical Custody
Physical custody determines where the child will live and how time is allocated between parents. This includes:

• Primary Residence: Establishing which parent the child will live with primarily. This parent is often referred to as the custodial parent.
• Visitation Rights: Outlining the schedule for the non-custodial parent to spend time with the child, including weekends, holidays, and school vacations.
• Shared Physical Custody: In cases of joint physical custody, the child may spend significant time with both parents, which can vary depending on agreements made or court orders.

The arrangement aims to ensure that the child's daily needs are met and that they maintain strong relationships with both parents.

Factors Considered by the Court

Best Interests of the Child
When determining custody arrangements, courts prioritize the child's best interests. Key factors considered include:

• Child’s Age and Developmental Needs: Younger children may have different needs than teenagers. Courts may consider how the child’s age impacts their ability to adapt to different living situations.
• Health and Well-being: Any physical or mental health issues affecting the child or parents can influence custody decisions. Courts look at how each parent can support the child's health and development.
• Emotional Ties to Each Parent: Courts assess the emotional bond between the child and each parent, including how each parent has supported the child's emotional needs.
• Stability of Home Environment: A stable and safe living environment is crucial. Courts consider the quality of each parent’s home, including neighborhood safety, space for the child, and overall living conditions.
• Parenting Skills and Ability to Provide: Evaluating each parent's ability to meet the child's needs—financially, emotionally, and physically—plays a significant role in custody decisions.

Parental Involvement
Active involvement in a child's life can greatly influence custody outcomes. Courts recognize that:

• Parental Engagement: A parent who is actively involved in their child's life—attending school events, participating in extracurricular activities, and being involved in daily routines—demonstrates a commitment to their child's well-being.
• Communication Skills: Effective communication between parents regarding the child's needs and schedules can favor joint custody arrangements.
• Willingness to Co-Parent: Courts appreciate parents who demonstrate a willingness to work together for the child's benefit, promoting a healthy co-parenting relationship.

Types of Custody Arrangements

Sole Custody
In sole custody arrangements, one parent has exclusive rights to make decisions regarding the child’s upbringing and is the primary caregiver. The non-custodial parent may have visitation rights, but they do not share legal custody.

Joint Custody
Joint custody can be divided into two categories:

• Joint Legal Custody: Both parents share the responsibility of making major decisions regarding the child's upbringing, fostering collaboration and communication.
• Joint Physical Custody: The child lives with both parents for significant amounts of time, promoting strong relationships with each parent.

Visitation Rights
For non-custodial parents, visitation rights are essential. These arrangements can be:

• Scheduled Visitation: Regular, pre-arranged times for the non-custodial parent to spend time with the child.
• Flexible Visitation: More informal arrangements that allow parents to adjust schedules as needed, based on mutual agreement.
• Supervised Visitation: In cases where there are concerns about safety or well-being, visitation may be supervised by a third party to ensure the child’s safety during interactions with the non-custodial parent.

Understanding these types of custody arrangements and the factors involved can help parents navigate the complexities of custody disputes effectively, ensuring the best possible outcome for their children.

Contact us online or call (718) 484-7510 to schedule a free initial consultation.