Brooklyn New York City Child Custody Lawyer
NY Visitation Attorney
Child custody and visitation are the most contentious areas of divorce, very often resulting in tough court battles. According to the law in New York, the best interests of the child dictates custody. But very often, the parents don’t agree on whose custody best meets the child’s best interests.
If the custody issue can’t be resolved between the parents, it will be decided either in the Family Court of the Supreme Court of New York. Every county in New York has a Family Court and a Supreme Court for handling issues such as child custody. In my more than 25 years a family law and divorce lawyer, I have represented countless clients in the courts of New York State.
Shared Custody or Joint Custody Are Options
If both parties are willing, I can help parents arrange shared custody or joint custody. However, this option is only available to parents who do not oppose each other in court. In New York, a judge cannot order joint custody over the objection of either party, under the theory that a court cannot force warring parties to work together.
So if the parties litigate child custody in court, they will either win custody or lose custody. As a result, the stakes are high in custody actions. Losing a custody action, however, does not mean that a parent will be unable to negotiate visitation rights.
An Attempt at Negotiation Is the Best First Step
If parties don’t agree on visitation and / or custody, I try to negotiate visitation rights and custody arrangements. If negotiation is not possible, we will have the matter resolved by a judge. Very often in these cases, we will have the assistance of a law guardian, which is an independent attorney who represents the children.
Since the two parents are opposing each other, it is assumed by the court that the parents are looking out for themselves and therefore the children need to have their own lawyer. I often serve as a law guardian for children in cases where I am not representing either of the two parents.
Preparation Is the Key
I give clients ideas and tips about how a parent can document his or her relationship with a child in preparation for a court proceeding. I also work with forensic psychologists and social workers that meet with the parties, the children, and sometimes even third parties such as stepparents and grandparents to formulate recommendations for the court on issues of custody and visitation.
To be successful in a child custody action, an attorney needs a good understanding both of the law and also of the judges who decide these cases. Custody cases are decided by details and specifics.
I spend a lot of time with the client learning the nature, quality and quantity of the relationship between each parent and the child so I can present to the court an accurate picture of why it is in the best interests of the child to be with my client. To do that, I will review such items as report cards. I can also subpoena school personnel, medical records, neighbors, and family friends.
I also have professional relationships with a wide range of psychologists, psychiatrists and therapists who can testify as to their assessments of the best custody arrangement. In all, I am a vigorous advocate in putting together the components of a case that are necessary to convince a judge that the child’s best interests are with my client.
Contact an Experienced Child Custody Lawyer
Visit this site’s “Contact our Family Law and Divorce Lawyer” page or call (718) 875-5151 to schedule a free, no-obligation initial consultation in my Brooklyn law offices. If you hire me, all later fees will be kept reasonable and fair. I provide personalized divorce and family law service to people throughout the New York City metropolitan area, including Brooklyn, Manhattan, Queens, Staten Island, The Bronx, Nassau, Suffolk, and Westchester.
