Child Custody in New York
Child custody is one of the most stressful and difficult practice areas of family law because of the depth and intensity of the emotions that parents have for their child or children. Every moment that a child is out of a parent’s site and custody is an eternity to most parents. Concerns about parenting are one of the top issues that divorcing and dissolving couples bring to our doors. Parents worry about everything from what schools their child will attend to what extra-curricular activities they will be involved in. The family law attorneys at Provda Law Firm work closely with our client and whenever possible the non-custodial parent to create the best possible situation for the minor children.
New York State judges try very hard to make good decisions in child custody cases and are extremely fair-minded when it comes to disputes, custody, support, and visitation. Our judges will always promote the best interest of the child and his or her welfare above the desires of his or her parents.
Who Gets Custody?
Child custody is determined upon several factors, but with the end result of the child(ren) going through as little change and upheaval as possible. Custody is awarded to the parent who can provide the most stable environment for the minor children. Child support payments are an equitable division of time and assets with a set scale of parental contribution. The New York Family Courts look at these things:
- Which of the parents provided the most care and/or nurture of the child prior to the “event”?
- What are the strengths and weaknesses of the parents?
- What are the work schedules of the parents?
- Have there been incidents of physical or mental abuse?
- What is the physical and mental health of the parent seeking custodial rights?
- Are there other siblings and where do they live?
- The child’s preference
Child Custody Battles Can be Very Stressful
The Provda Law firm works with parents who are undergoing divorce and/or child custody disputes to ensure that the best needs of the minor child or children are met. We believe in putting the child’s best interests, first, and work with family members to ensure that the best interests of the child or children are realized. This can happen either in a court setting or through mediation.
Our mediation services are highly praised by former clients because we believe that the end result should have little to do with money or support payments, and everything to do with keeping a family unit together even when they are not always under the same roof. It is important to children that their parents still maintain a united front when it comes to all issues involved with parenting. No child wishes to see bitterness and unresolved issues cropping up during visitation and/or daily living. We are successful when all child custody issues are resolved, and when all parties are satisfied.
Family and Supreme Court
Sometimes even with the best intentions child custody cannot be resolved through mediation or other amicable means and must be therefore transferred to an appropriate court setting. In this case, we work as a team to put together a strategy that will enable the best interest of the child and his or her custodial parent or guardian to be put forward before the court in a way that is appealing and legally correct. Judges have some discretion, but must adhere to the statutes and laws governing custody in New York. Therefore it is important to work with a firm that has the experience and depth to present your child custody case before the court correctly and with adamant purpose.
Guardianship by Non-Parents
Sometimes in life, a child is unable to be cared for in the manner that he or she deserves due to unfortunate circumstances, and it is necessary to remove the child from a situation that could promote lasting physical or psychological harm. The New York family lawyers at Provda Law Firm have worked with relatives of minor children to have them temporarily removed from a high risk environment under the protections of law. We have fought for a change of orders which would remove a child from a situation of abuse and/or neglect. And, we have worked with authorities to create the best possible results in cases of kidnapping where one parent has absconded with a child.
Change in Orders
Sometimes and individual’s circumstance will change and modifications to court orders are appropriate. Scenarios may include a change in income, job opportunity, and suspicion of neglect or harm. Many of our clients come to us seeking a change in custody or child support orders based off a change of circumstance. We will work with you to either mediate the order prior to going through the courts or create an order that will pass a fairness test on the part of a judge. In the case of an emergency order, our staff works quickly to put together all of the necessary information and paperwork to get your custody dispute heard quickly by the courts.
Call us Today
The attorneys at Provda Law Firm have the two important “e’s” in child custody: experience and empathy. We stand with you and your family through your child custody dispute. Your child’s welfare and happiness is our chief concern. We promise to be ethical, honorable, and understanding to the needs of you and your minor children. No corners will be cut, no detail spared from consideration. It is our goal to ensure that the children of any relationship have a bright, happy, and healthy future.
If you are going through a divorce that involves the custody of minor children or have already gone through a divorce and require a change in orders, please contact us today. We can help.