Queens And Jackson Heights Child Custody Lawyers and Attorneys

child-custody

Even with the most amiable divorce cases, there is always a high chance for children to become seriously affected by the changes dissolution of marriage can bring. When children are young, there may be a battle between parents for custody, leaving the children distraught, feeling as though they are to blame for the split or stuck between having to choose which parent to side with. Despite how much parents are willing to compromise on who obtains custody of the children, there will inevitably be a change of environment for a child, and if not handled properly, can create a lifetime of pain.

There are specific custody laws in New York that should be reviewed before parties attempt to discuss the grounds for who will be the primary caretaker. The court will always make a decision that favors the best interest of the child, but if you feel as though your spouse is trying to manipulate the court against you,  Queens divorce attorney Charlie Zolot will help protect your right as a parent to be a part of your child’s life.

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Below are the basic custody laws in New York that will help you understand what your rights are and give you an idea of how you and your spouse may want to divide your time with your children:

Types of Child Custody in New York

New York child custody laws allow for custody to be awarded in several ways. Depending on your particular situation, you may have an option for any of the following but you should be prepared in the event your spouse wants to fight you for full or primary custody of your offspring.

Physical:

  • Sole Physical Custody: If a parent is granted sole physical custody, they will be responsible for the day-to-day care. Sole physical custody means that the child will reside with one parent primarily and the other parent will usually be granted non-custodial visitation rights, unless the court finds this not to be in the best interest of the child.
  • Joint Physical Custody: When both parents are determined to be fit to take care of the child and the court finds no cause for one parent to be favored for primary care over the other, then joint physical custody may be granted. This means that parents will share in the day-to-day care, allowing them to spend significant amounts of time with the child without constraints.

Legal:

  • Sole Legal Custody: If sole legal custody is granted, this means that one parent will have the sole ability to make decisions for the child, such as for health and education. Sole legal custody in New York is seldom granted, usually only in extreme situations when the best interest of the child is compromised.
  • Joint Legal Custody: New York child custody laws usually favor joint legal custody. Joint legal custody means that both parents share in the decision-making process for the child, including decisions for health care or education.

Temporary:

Temporary custody can be awarded to either or both parents in a New York child care case until the court makes a final decision.

Unfortunately, there are times in which both parents are equally capable of caring for their children but one spouse may try to fight for sole physical or legal custody. Queens and Jackson Heights family lawyer Charles Zolot will not allow your right to see and participate in the decisions that affect your child’s life to be compromised. With our help, you can rest assured that your custody rights will not be trampled on.

Factors that Affect Child Custody in Queens, New York

Several factors play a role in a court’s decision to grant custody in New York. A safe and healthy environment for the child will be the main goal. Courts do not favor one parent over another.

The following are factors that can affect custody arrangements:

  • The child’s age
  • Parent’s physical and mental health
  • Parent’s lifestyle
  • Relationship between the parent and child
  • If old enough, the child’s preference
  • Parent’s work schedule
  • Whether any domestic violence has been reported
  • Proximity of the parent’s home to the child’s school

How Our Queens and Jackson Heights Family Lawyers Can Help

If you are struggling to obtain custody of your children, the Law Office of Charles Zolot will help secure the best possible outcome for your case that will benefit both you and your children. We work diligently to reduce the stress and conflict that often arises in custody battles and protect your right to see and take care of your children. Our family lawyers will represent you in court and work with your spouse’s attorneys to devise the most favorable solution that is in your best interest. With our help, your case will resolve as quickly and smoothly as possible.

 


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