 Child
Custody -
Whenever a divorce case is highly litigated,
more often than not, child custody and visitation are
in issue. Although the Domestic Relations Law,
Family Court Act of New York and precedent cases
all use the words custody, defining that term
is difficult because there is no one definition
found in any statute or case which mandates all
other courts toward the use of a precise definition.
A
lawyer’s advice is crucial in helping
you set forth the rights and obligations you
and your ex-spouse shall have after the divorce.
In a Divorce Judgment, the Judge must define
either the husband or the wife as the “custodial
parent”, and vice-versa one of them must
therefore become “non-custodial parent.” The
reason this must be is that child support must
flow to the custodial parent, and the Divorce
Judgment must make it clear which spouse shall
obtain financial support for the child.
NY Child Custody Lawyers
/ Attorneys
The
different varieties of custody and visitation,
within the parameter imposed above, can be as
varied and imaginative as the parents may agree.
For example, there is sole custody, joint custody,
split custody, joint physical custody and joint
legal custody. There is nothing in New York law
in my mind which prevents either the parties
to agree, or the Judge to impose if they cannot
agree, any rational framework for how a child
will be raised, and what the rights and obligations
of each spouse shall be in raising that child.
There
is a trend in California, and now in New York,
toward joint parenting so long as the mother
and father can act in a civilized and cordial
manner toward each other. The Court may appoint
a Law Guardian to represent the child or children
in a heated child custody litigation. Once the
custody issue is determined, interference by
one parent in the relationship that a child has
with the other parent is grounds for modifying
custody. For example, Parental Alienation Syndrome
is recognized by the Courts of New York as being
detrimental to the child; interference by one
parent with the parenting or visitation of the
other parent; removal of the child to another
state or country.
Child custody disputes are in my experience the
most emotional and psychologically taxing when
they are litigated in the courts. Most important,
you should have on your side a seasoned attorney
who has the genuine compassion to see that you
and your child’s best interests are met.
Your child is too precious for you to choose
the wrong lawyer. Who you choose in my strong
opinion can mean the difference between working
out a deal where your child is a part of your
life, a future where
you are not shut out of that child's life. My
guarantee to you is that if you want to fight
for the right
to be an involved parent, I will go through every
legal channel to get you that future.
NY Divorce Lawyer - Child Custody Lawyer Home
>>
NY Child Custody Lawyer |
