Of all the areas in family law, child custody cases tend to be the touchiest. When parents divorce or separate and they have disputes about what is in their child’s best interest, the courts intervene. This can often turn an uncontested divorce into a contested divorce, and an attorney is invaluable in sorting these issues out. As a parent, you want to make sure that your child is protected. Having a skilled New York child custody attorney can make a world of difference in the outcome of your case. At Brian D. Perskin & Associates P.C., we aim to help our clients fight for their child’s best interest.
At our firm, we take on cases and legal matters throughout New York, Brooklyn, Queens, Bronx and Manhattan. No matter how complex or difficult your divorce may seem, a New York City divorce lawyer at our firm can help. We understand what you are going through and will provide you with the legal support and representation you need in order to work out the child custody and child support issues you are facing.
Child custody refers to the legal guardianship involved in a divorce case. In New York and most other states, there are two forms of custody, legal and physical.
- Legal custody refers to the child’s lifestyle. Religious, medical, and educational decisions are made by the legal custodian(s). Legal custody can be granted to one or both parents.
- Physical custody refers to where the child lives. One parent may have sole physical custody, and the other may have visitation rights. Or, both parents may have physical custody, which means the child lives with each parent half of the time.
If a parent has visitation rights, the visits between parent and child occur on a schedule provided by the court. Usually this schedule is mutually convenient for both parents.
When a child custody case is brought to the court, the court will try to accommodate the best interest of the child and choose the environment that offers the most stability. Some factors courts will take into consideration in a child custody case are:
- The child’s age, sex, and mental and physical health
- The parent’s mental and physical health
- The parent’s lifestyle
- Any history of child abuse
- The emotional bond between the parent and child
- The parent’s ability to provide the child with food, shelter, clothing, and medical care
- The child’s regular routine
- The quality of the child’s education
- The child’s preference, if the child is above a certain age (this is usually around age 12)
- The ability and willingness of the parent to encourage communication and contact between the child and the other parent
The court may also conduct a Child Custody Evaluation. An evaluation usually consists of interviews, psychological exams, and analysis of the children, and perhaps the parents.
- The court has the ability to deny a parent’s request for an evaluation.
- Parents may be liable for the cost of the evaluation.
Our experienced team of attorneys knows how contentious child custody cases can be. We also know that the best solution is usually a decision that is agreed upon by both parents and the child. By providing you with up to date legal knowledge and the best advice possible, your lawyer at our firm can make the custody decisions much easier for you and your family to make. For more information on representation and fighting for your rights as a parent, contact a New York child custody lawyer from our firm today.