New York Child Custody Attorney

Seeking Visitation, Sole or Joint Custody in NY? We Can Help!

Divorce can become more complicated when children are involved. Most likely, both you and your spouse want what is best for your children. While it may be somewhat easy to decide who gets certain property, determining who a child should live with and what is in their best interests is much more challenging.

When your children’s future is on the line, you need to be confident that you are doing everything possible to work toward a strong and fair resolution.

By working with a New York child custody lawyer from Eiges & Orgel at Ballon Stoll P.C., you can breathe easier knowing you will have a seasoned, experienced, and aggressive advocate on your side. Over the last several decades, our law firm has helped more than 3,000 families throughout New York.

Child custody cases often involve complex emotional and legal challenges. As a parent, your primary concern is usually securing a stable and supportive environment for your child. Our team at Eiges & Orgel at Ballon Stoll P.C. stays up-to-date with the latest legal precedents and strategies to ensure that we are providing timely and effective counsel. Whether you are in the midst of a contentious custody battle or seeking a modification of an existing order, we are ready to assist you in navigating these intricate issues.

Work With a Custody Lawyer Who Knows What's Important to You

Understanding The New York Child Custody Process

Before filing for custody in New York, it helps to understand the steps the court will expect you to follow and where your case will be heard. Most custody and visitation matters begin in the Family Court in the county where your child has lived for the last six months, although some issues connected to divorce are handled in the Supreme Court. We walk clients through which court is appropriate, what forms must be filed, and how to prepare for each stage so there are fewer surprises along the way.

After a petition is filed and the other parent is served, the court will schedule one or more conferences to see whether an agreement is possible. If you and the other parent cannot reach a full agreement, the judge may appoint an attorney for the child and set the case down for a hearing. At a custody hearing, both sides can present witnesses, documents, and other evidence, and the judge will question the parents about their proposals. We help our clients get ready for these appearances by explaining courtroom procedure in plain language and by carefully organizing the facts that support their requested parenting plan.

Many New York custody cases also involve interim orders, temporary visitation schedules, or referrals to mediation services offered through the courts. These interim steps can affect your daily routine with your child while the case is pending, so it is important to treat them seriously and follow all directions given by the judge. Our role is to remain accessible throughout the process, answering your questions between court dates and adjusting strategy as new developments arise so that you always understand what is happening and what comes next.

Is NY a 50-50 Custody State?

No, New York is not a 50/50 custody state. New York courts do not automatically assume custody should be split 50/50 between the parents. Instead, a judge will consider many details about the family to determine what arrangements would be best for the children.

The courts prioritize the child's best interests over any presupposed equal distribution. Factors such as each parent's availability, the child's relationship with each parent, and the logistics of daily needs are integral to the decision-making process. As family dynamics evolve, the custody arrangement must remain flexible to adapt to changes in work schedules, relocations, or other significant life events. By seeking guidance from knowledgeable professionals, like those at Eiges & Orgel at Ballon Stoll P.C., you can craft a parenting plan that reflects the unique needs of your family.

Parents in New York are sometimes surprised to learn that a court may approve a plan that does not look “even” on paper if the judge is convinced it will create more stability for the child. For example, a school-aged child might spend school nights with one parent who lives closer to their school and weekends with the other parent, or siblings might have slightly different schedules if that better fits their activities and needs. We help clients think through practical details such as transportation to and from school, involvement in extracurricular activities, and holiday traditions so that proposed schedules are realistic and more likely to be accepted by the court.

What Are the Different Types of Child Custody?

In order to better suit the unique needs of each family and child, there are a variety of custody arrangements. In New York, there are two types of custody: "Physical Custody" and "Legal Custody." Physical custody refers to which parent the child lives with, and legal custody refers to which parent has the legal authority and duty to make important decisions regarding the child's life. For each of these categories, one parent might be granted "sole custody," or both parents might be granted "joint custody."

At Eiges & Orgel at Ballon Stoll P.C., we delve into the specifics of each case to propose the most suitable custody solutions. Sole physical custody might be necessary when the child requires a consistent living environment with one parent, particularly if the other parent resides farther away or has an unconventional work schedule. Joint legal custody can promote cooperative parenting by ensuring both parents have input on critical decisions impacting the child's future. We guide clients through the pros and cons of each arrangement, clarifying the impact these decisions will have on their daily lives and future responsibilities. Understanding the nuances between these types of custody helps parents prepare for potential adjustments as their family dynamics change over time.

• Sole Physical Custody: When a child only lives with one parent. The non-custodial parent is usually granted visitation rights.
• Joint Physical Custody: When the child lives with both parents at different times.
• Sole Legal Custody: When only one parent has the ultimate authority to make decisions about the child's education, religion, healthcare, extracurricular activities, and similar matters.
• Joint Legal Custody: When both parents must work together to make important decisions about their child's life.

At Eiges & Orgel at Ballon Stoll P.C., we understand that child custody matters are incredibly important and emotionally charged. Our experienced New York child custody attorneys are dedicated to protecting your parental rights and ensuring the best interests of your children are met.

How Do I Get Visitation Rights?

For fathers going through the divorce process, you may be concerned about whether your rights will be protected and how the child custody proceedings will result. If you are a mother filing for divorce, you may have concerns regarding the custody of your children and spousal support payments you may be entitled to if granted custody by a family court. In either case, you will need an attorney who is well-versed in child custody law on your side to deal with these matters.

Several types of visitation may be awarded to the parent who was not granted primary custody of their children. Additionally, the grandparents of a child on both the maternal and paternal sides may request visitation schedules during the divorce process as well.

While many divorces run smoothly after the child custody and visitation schedules have been agreed upon by both parties or appointed by a family court, certain situations can result in a dispute over the visitation schedule. At a time such as this, it is suggested that you have an attorney present.

Understanding the types of visitation rights available is vital for parents. Supervised visitation may occur if there are concerns about the child's safety with one parent, allowing a professional or trusted third party to be present during visitations. Alternatively, virtual visitation can offer an added layer of flexibility, enabling parents and children to maintain relationships through video calls and other digital means. If circumstances change, such as the relocation of a custodial parent, visitation arrangements might need renegotiation to preserve the child's relationship with both parents. Eiges & Orgel at Ballon Stoll P.C. can help navigate these complexities, advocating for solutions that prioritize the child's welfare and parental involvement.

Best Interests of the Child

New York Domestic Relations Law §70(a) dictates that:

“In all cases, there shall be no prima facie right to the custody of the child in either parent, but the court shall determine solely what is in the best interest of the child, and what will best promote its welfare and happiness, and make an award accordingly.”

The courts understand this to mean as follows:

“In a custody proceeding arising out of a dispute between divorced parents, the first concern of the court is and must be the welfare and the interests of the children. Their interests are paramount. The rights of their parents must, in the case of conflict, yield to that superior demand. Lincoln v. Lincoln, 24 N.Y.2d 270, 299 N.Y.S.2d 842, 247 N.E.2d 659 (1969).

This statutory standard, as applied by the courts, is known as the best interest of the child standard. When the courts become involved in a determination of your family's post-divorce dynamic, the court is going to make such a determination using the best interest of the child standard.

The best interest of the child standard takes into account numerous considerations, such as the emotional and physical safety of the child, the parent's ability to meet the child's basic needs, and the child's relationship with siblings. Furthermore, the child's own preferences may be taken into account, depending on their age and maturity. This ensures that the child's voice is considered in decisions that profoundly affect their daily life. The court aims to establish an environment where the child receives love, care, and stability. Our role at Eiges & Orgel at Ballon Stoll P.C. is to meticulously prepare and present any evidence or arguments that will strongly support your case under this standard.

Issues to Consider in a Child Custody Case

If you and your spouse wish to carry out an uncontested divorce, you will both need to agree on how your child custody arrangements will work. If you do not agree, the divorce becomes "contested," and the custody matter will be taken to court. Leaving the decision up to a judge can be risky, as you might not receive the custody rights you are seeking.

Additional issues often arise in custody cases, including the financial responsibilities associated with raising a child and the potential impact of each parent's lifestyle on the child. Equally significant is the consideration of the child's educational needs, religious upbringing, and community ties, as these factors can significantly influence the court’s decision. It is also wise to consider future scenarios such as relocations, changes in work hours, and evolving family dynamics that might necessitate legal amendments. Proactive planning and strategic legal preparation can help mitigate potential disputes and facilitate a more streamlined custody process.

Common Misconceptions About Child Custody in New York

Navigating child custody can often be fraught with misunderstandings, which can mislead parents about their rights and responsibilities. One prevalent misconception is that mothers automatically receive custody of their children. The reality, however, is that New York courts focus solely on the child's best interests, meaning both parents start on equal footing. Another misunderstanding is that a child's preference will solely dictate custody decisions. While the child's wishes, especially if they are over a certain age, can be a factor, it is one among many and not determinative by itself.

Furthermore, there is often confusion about legal versus physical custody. Legal custody pertains to decision-making authority over major aspects of the child's life, while physical custody relates to where the child primarily resides. Both joint legal and physical custody arrangements can exist independently of one another, depending on what is deemed best for the child. Understanding these distinctions can help parents better prepare and strategize during custody proceedings. At Eiges & Orgel at Ballon Stoll P.C., our priority is to educate and advocate for clients, ensuring they are fully informed as they embark on this critical legal process.

How A New York Child Custody Lawyer Can Support You

Parents facing a custody case in New York often want to know what a lawyer will actually do for them beyond filing paperwork. A dedicated custody attorney helps you evaluate your goals, understand how New York law applies to your situation, and identify realistic outcomes before you step into court. At Eiges & Orgel at Ballon Stoll P.C., we encourage clients to speak openly about their concerns, whether they involve day-to-day parenting time, major decision-making, or safety issues, so we can build a strategy that reflects what matters most to you and your children.

Once we understand your priorities, we gather and organize the information that will be important to the judge, such as school records, medical information, and communication history between the parents. In cases in the New York City Family Courts, we also prepare you for interactions with court-appointed attorneys and mental health professionals who may become involved in the case. Throughout negotiations and any hearings, we remain your point of contact, explaining what each development means and adjusting our approach when circumstances change. Our goal is to make a complicated process more manageable by pairing thorough legal preparation with consistent, clear communication.

Even after a custody order is entered, questions can arise about enforcing the order, interpreting specific provisions, or deciding whether a modification is appropriate. We continue to advise clients on practical steps they can take to document issues, reduce conflict, and protect their relationship with their children. By combining decades of focused family law experience with a hands-on approach to each file, we help parents make informed decisions at every stage of a New York custody matter.

Tips for Co-Parenting in New York

Co-parenting, especially in the dynamic environment of New York, calls for a proactive approach. Effective communication is crucial, and parents should aim to maintain a respectful tone in discussions concerning their child. Using digital tools like co-parenting apps can simplify scheduling and manage communication, helping keep both parents informed about essential appointments, events, and changes. Establishing consistent rules and routines across households also provides a sense of security and stability for the child.

It is important to involve the child in a neutral way, reassuring them of both parents' love and support and shielding them from conflicts or disagreements. Regularly reviewing arrangements as the child grows and their needs change keeps the co-parenting plan relevant and effective. Support from co-parenting groups in New York or counseling can also enhance collaborative efforts by providing new insights and strategies. At Eiges & Orgel at Ballon Stoll P.C., we stress proactive planning and creative problem-solving strategies to foster a positive co-parenting relationship that benefits the child.

Ensure Your Rights to Your Children Are Protected

Here at Eiges & Orgel at Ballon Stoll P.C., our legal team has provided families throughout New York State with effective legal representation in matters related to child custody, child support, visitation, or divorce. One of the main reasons that we are able to provide such high-quality representation for these cases includes our past experience in representing over 500 child custody cases over a period of 30 years. We know how to handle these cases.

Ensuring your rights are upheld requires not only understanding the intricacies of family law but also being prepared for any eventualities that may arise. Having strong legal representation can help you anticipate potential challenges and navigate them effectively. We emphasize the importance of documenting interactions, maintaining communication records, and being proactive about changes in your life circumstances. Our approach involves thorough preparation and continuous client engagement to address all aspects of your case. Staying well-informed and strategic can significantly influence the outcome of your custody arrangements.