Top New York, NY Child Custody Lawyers Near You

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New York, NY Lawyers in Related Practice Areas

CPS, Divorce, Family Law

New York Child Custody Information

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Find a Child Custody Attorney near New York

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Are You Trying to Get Custody of a Child?

Achieving custody of a child can be a highly emotional battle between parents. Add to that a number of legal issues courts weigh to award custody and child custody cases can become daunting. This area of law significantly impacts the child’s present well being and future.

Legal Issues in Child Custody

In determining who gets custody, courts consider what is in the “best interest” of the child, which is a broad term that does not have a fixed standard and can take into account a number of considerations. Child custody law is complex, so to get the best result obtaining the services of a qualified New York attorney who practices child custody law is imperative.

What do judges look for in custody cases?

In every state, family court judges must consider what is in the child’s best interests when determining custody. In most cases, judges emphasize making sure the child will spend ample time with both parents. To make this happen, a judge will likely want to know what each parent’s home environment is like, whether each parent will be able to give a child the proper attention, and which situation the child will be most likely to thrive in.

Who has legal custody of the child when the parents aren’t married?

If the parents are not married, the child’s biological parents both have parental rights unless the law says otherwise. An exception to this could be if no father is listed on the child’s birth certificate. In that case, the father would have to go through the legal process of establishing paternity to be able to assert his parental rights for visitation.

How can a mother lose custody of her child?

A mother can lose custody of her child in much the same way a father could. This could include abusing the child, abusing drugs or alcohol, providing an unsafe home environment for the child, or abandoning the child.

How can you change a child custody order?

If you or your ex are unhappy with the current custody arrangement, you can negotiate a change to your agreement. If a judge feels that the changes are still in the child’s best interests, then they may approve the order. If one of you is pressing ahead with seeking a change and the other parent is contesting it, you will need to prove a “substantial” change in circumstances. This could include one of the parents moving out of state, suffering from a disability or illness that affects their parenting ability, exposing the child to an unsafe environment, or having a change in work circumstances that requires rescheduling of visitation.

When to Hire a Lawyer

It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if you’ve suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.

Top Questions to Ask a Lawyer

  • What is the usual process to resolve my case? How long will it take to resolve this?
  • What are likely outcomes of a case like mine? What should I expect?

An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.

Does firm size matter?

For most consumer legal issues, the size of the practice is much less important than the experience, competence, and reputation of the attorney(s) handling your case. Among the most important factors when choosing an attorney are your comfort level with the attorney or practice and the attorney’s track record in bringing about quick, successful resolutions to cases similar to yours.

Common legal terms explained

Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.

Court Locations in New York, NY

New York State Unified Court System, Supreme, Civil Term

60 Centre St.
New York, NY. 10007
Phone: (646) 386-3600
Court Website

New York State Unified Court System, Supreme, Civil Term

80 Centre St.
New York, NY. 10013
Phone: (646) 386-3601
Court Website

New York State Unified Court System, Supreme, Civil & Criminal Term

111 Centre St.
New York, NY. 10013
Phone: (646) 386-3601
Court Website
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