New York Child Custody Attorney

Additional Child Custody FAQs

What Factors Are Considered in a Custody Battle?

 In deciding custody and visitation, a judge will consider what is in the best interests of the child. Most commonly, the court will look at the following factors when deciding custody:

• Who has been the primary caretaker of the child
• The child's current living situation, and how long it has been so
• The child's preference (depending on their age)
• Whether the child would be separated from siblings
• Whether either parent is actively trying to cut the other parent out of the child's life
• Whether either parent has been abusive in any way or if ​​domestic violence has been involved
• The age of children and parents
• The sex of children and parents
• The health of both the children and the parents
• The lifestyle of both parents
• The emotional bond between parents and child
• Each parent's ability and desire to provide a healthy and stable environment
• Each parent's ability to provide emotional and intellectual support to the child

Additional factors that the court may evaluate include the cultural background and religious considerations of the family, as well as any documented changes in the child's behavior or academic performance following parental separation. Social history, such as frequent relocations and the presence of extended family, may also influence custody outcomes. By recognizing these diverse facets, we assist clients in highlighting their strengths and addressing areas of concern to present a comprehensive and compelling case to the court.

Do Courts Usually Award Custody to Just One Parent?

It used to be common to award sole custody, typically to the mother, but now it is much more common for courts to award joint custody so that both parents can share the parental responsibility and decision-making power.

Joint custody arrangements are increasingly favored by courts as they tend to promote a balance in parental involvement, emphasizing the child's access to both parents. This shift reflects an understanding that children benefit most from having both parents actively engaged in their upbringing. However, exceptions exist in situations where one parent may be deemed unsuitable due to safety concerns, lack of stability, or insufficient interest in child-rearing responsibilities. In such cases, the courts will weigh these risks against the potential benefits of shared custody to arrive at a decision aligned with the child's best interests.

What Happens If I Need to Move With My Kids?

While most courts are accepting of relocation, it needs approval, and if the noncustodial parent contests it, there will be issues that should be handled by a legal professional.

Relocation cases require demonstrating that the move will serve the child's best interests, potentially offering better educational opportunities, enhanced living conditions, or improved family support networks. The legal process involves assessing the potential impacts on the child's relationship with the non-relocating parent and ensuring continued access, possibly through adjusted visitation schedules or virtual communication. Our team assists families in preparing thorough petitions that showcase the compelling benefits of relocation while addressing potential drawbacks, helping families transition smoothly through this significant life change.

Will There Be Drug Tests When Determining Custody?

Drug tests are not administered every time, but it is likely that the courts will require both parents to participate in a drug test. By failing to take the drug test, it could result in serious repercussions such as a suspension of visitation rights.

The court may order drug testing if there are allegations of substance abuse that could affect the child's welfare. Different tests, like hair follicle or urine analyses, might be used to detect usage over varying durations. A clean result can support a parent's position, while positive results necessitate addressing the root issues, possibly through rehabilitation. Ongoing support and legal advice from Eiges & Orgel, PLLC can enhance the chances of demonstrating a commitment to providing a safe environment for the child.

What Is the Process for Modifying Custody Orders in New York?

In New York, modifying an existing custody order involves filing a petition with the same court that issued the original order. To succeed, one must demonstrate a significant change in circumstances that warrants modification, which is in the child's best interests. Our attorneys at Eiges & Orgel, PLLC can assist in gathering necessary evidence and navigating the legal requirements to make the case compellingly clear. Consulting with a knowledgeable legal team ensures that the modification process aligns with the statutory standard and is executed efficiently.

How Does Age Affect Child Custody Decisions?

Age can significantly influence custody decisions, with older children's preferences holding some weight in court. However, the primary focus remains on overall welfare and stability, with the judge considering age-appropriate factors like a teenager's desire for proximity to school or social networks, while younger children may necessitate enhanced parental oversight. Supportive home environments catering to the child's developmental needs often align with the court's considerations, reinforcing the tailored approach to custody arrangements meticulously crafted at Eiges & Orgel, PLLC.

If you have more questions or would like to discuss your case with a knowledgeable New York child custody attorney, you should not hesitate to contact us at Eiges & Orgel, PLLC as soon as possible.

Modifying Child Custody in New York

In order to make changes to your current child custody and visitation order, you will need to file a petition with the court that originally issued it. For the modification to be approved, you must provide evidence that there is a significant change in your circumstances since the original order and the requested modification is in your children’s best interests.

Significant changes in circumstances can include:

• Loss of employment
• Financial hardships
• Remarriage
• Relocation of home
• Health issues by either party
• Abandonment
• Neglect or domestic abuse
• The child has become older and has requested a change

Remaining proactive about potential changes allows for a smoother transition should modifications be necessary. For example, documenting frequent relocation activities or educational decisions can furnish the court with a narrative that supports your requested changes. Additionally, engaging in mediation before filing for modifications can sometimes foster agreements outside the courtroom. Our attorneys offer guidance throughout this process, ensuring you are well-prepared to meet the legal requirements for modifications in New York. By crafting a detailed and convincing petition, we work to align modifications with your evolving family needs and the interests of the child.

In New York, the law allows for custody orders to be modified if a parent was deployed by the military, and they are requesting the modification upon their return. The court will still need to determine that this change is in the best interests of the child before issuing the modification.

Even if you have a substantial change in circumstances, the court does not have to grant a modification of your custody and visitation order. Regardless of why you are requesting the modification, the court must be able to see how it is best for your child’s interests. This is their number one priority when making any custody-related decisions.

What to Do if Your Ex Violates Your Custody Agreement

Violating a custody agreement is a serious issue, and could lead to harsh consequences for the offending parent. Not only is it a violation of a court order, but changing custody arrangements can have a severe impact on your child, leading to emotional distress and hurt feelings. In order to handle the situation, consider the following options.

Talk to Your Ex

Try discussing the issue with your child’s parent and see if you can come to some sort of agreement. Reminding them of the pain they are bringing to your child may help them realize the error of their ways, but it may agitate them. Email may be best because it is documented and can’t as easily lead to an argument as an in-person discussion or phone call. You may also propose a change in custody if the current arrangement isn’t working out.

Effective communication often helps in resolving disputes amicably while providing a record of conversations that can be valuable if further legal action becomes necessary. It's also advisable to clearly outline your concerns, propose constructive solutions, and exhibit patience while navigating these difficult discussions. However, if such discussions stall, legal intervention becomes necessary to safeguard the child's well-being and enforce compliance with the custody agreement.

Mediation

Choosing to go through mediation could be a smart, safe way for both of you to discuss the issue of custody and their violation. A third-party observer may be able to explain the issue to your ex in a way that you could not, with simple facts and legal support.

Mediation allows both parents to voice their concerns in a controlled environment, increasing the chances of a peaceful resolution. The mediator's role is to facilitate dialogue, emphasize common goals related to children's welfare, and introduce viable compromises. This process can help de-escalate tension and avoid court scrutiny, saving time and costs associated with more formal legal proceedings.

File for Contempt

The last option, if your ex continually violates custody and will not cooperate or communicate with you in a helpful manner, is filing for contempt. This will require court time, where you may prove that your ex did not follow the child custody agreement and a change in custody is in order. Adjusting custody to allow you to have more time with your child may protect them from more disappointment and save them more hurt feelings in the long run.

In contempt proceedings, documenting every violation with dates, times, and contexts is crucial to support your claims. Evidence like missed exchanges, late returns, and derogatory remarks can paint a detailed picture of non-compliance. Our firm assists in preparing these detailed records and providing legal representation during the hearings, highlighting the impacts on the child's well-being and the need for judiciary correction.

What Qualifies as an Unfit Parent?

In New York, an unfit parent can be described in multiple ways. An unfit parent can be a parent that struggles with substance abuse, physical abuse, or sexual abuse. They repeatedly participate in negative and dangerous behaviors like these and more around the child. Additionally, if the parent puts the child in harmful situations, this could be proof of unfitness.

Examples of unfit parenting include:

• Improperly supervising the child
• Not providing the child with basic needs
• The child is subject to dangerous conditions or safety hazards
• The child's other parent hangs out with dangerous people like gang members or convicted criminals

Establishing unfitness is a serious claim and requires a comprehensive body of evidence. This could include tracking incidents, obtaining witness testimonies, and keeping medical or police reports. Legal advisors like those at Eiges & Orgel, PLLC can guide you through this process, ensuring claims are substantiated adequately to meet court standards. Our commitment helps to demonstrate the potential risks involved in awarding custody to an unfit parent.

How to Prove A Parent is Unfit

Although a parent may know or have witnessed unfit behavior, it must be proven in order to have legal consequences. In a custody case, a judge must be able to determine whether a parent is unfit based on evidence.

Evidence that could help the court determine the unfitness of a parent may include:

• Testimony from witnesses
• Video documentation
• Medical reports of physical injuries and mental health problems
• Text messages, voicemails, emails, and social media posts
• Drug and alcohol testing
• Criminal records

Proving a parent is unfit often requires a collaborative effort involving expert testimonies or psychological evaluations in support of your claims. It's essential to approach this process strategically, ensuring each piece of evidence is collected lawfully and fits into a cohesive narrative that reflects the child's best interests. With dedicated legal support, you can effectively assemble a compelling case that clearly defines parental shortcomings and their consequences on the child’s welfare.

After evidence is gathered, paperwork will need to be filed. This is best done with an attorney who can help explain documentation. To serve the paperwork, you will need to legally provide this documentation to the other parent, so they have the opportunity to defend themselves.

Choosing the right lawyer is an investment in your future and the well-being of your children. Contact Eiges & Orgel, PLLC today to schedule a consultation and let us guide you through the child custody process with compassion, skill, and dedication.

Protecting Your Child's Best Interests

When it comes to child custody, the most important factor is always the well-being and best interests of the child. Our experienced New York child custody attorneys understand the complexities of family law and are dedicated to ensuring that your child's needs are prioritized throughout the legal process.

Some key considerations for determining the best interests of the child in a custody case include:

• The child's relationship with each parent
• The child's adjustment to home, school, and community
• The mental and physical health of all individuals involved
• Any history of domestic violence or substance abuse
• The ability of each parent to provide a stable and loving environment

Our team will work tirelessly to advocate for your parental rights while also focusing on what is truly best for your child. We can guide you through the legal process, provide expert advice, and represent your interests in and out of court.

Another crucial aspect involves evaluating the child's day-to-day life and special needs, like medical care or educational support, which require attention through the custody arrangement. A thorough understanding of these aspects lays the groundwork for customizing parenting schedules that accommodate the diverse needs of the entire family. Eiges & Orgel, PLLC employs a holistic perspective to ensure legal strategies align with the family's practical realities, enabling a transition into a nurturing and sustaining post-divorce environment for the child.

Contact Eiges & Orgel, PLLC for a Comprehensive Case Evaluation

If you are currently in the middle of a heated child custody dispute, you are not alone. Throughout the state, many families filing for divorce find themselves in a tricky situation regarding child custody challenges. Our firm can help you through the divorce stages, even if a custody problem surfaces post-divorce. Not only does our team have over 60 years of legal experience, but we are also very proud to provide a unique approach to each family law situation.

No matter what legal issue you may be facing with your family, our attorneys are here to help! With a qualified New York child custody lawyer at our office, we can guide you through the process of securing child custody during divorce, obtaining child support, and scheduling visitation. We have decades of legal experience and have handled over 500 child custody cases in the past. When you need an advocate of your rights on your side, call our law firm today!