Child Custody

When filing for a divorce, an unhappy child arises from an unhappy marriage. At Flowers Law Group, P.C. We understand how custody is a huge, stressful undertaking, so our experienced attorneys can help. If you need a Child Support Lawyer Suffolk County NY, do not hesitate to schedule a consultation today. Whether you are considering a divorce, already have gone through one, or were interested in learning about child custody laws, below is information regarding custody in New York. 

 

Custody

The courts grant a custody order when a child’s care must be determined by one or both parents or by another guardian. There are two kinds of custody: physical and legal.

• Physical Custody

Or residential custody, states who are responsible for the supervision and care of the child. It also determines where the child will be living. As a general guideline, the child should spend equal amounts of time with each parent, unless egregious circumstances apply. Situations such as this are known as joint physical custody. Otherwise, the Judge will grant one parent physical custody, and the other will have visitation rights.

• Legal Custody

The parent with legal custody is responsible for the eminent decisions in the child’s life, such as medical decisions and religious upbringing. It can be joint legal custody where both parents make decisions together, or one parent has sole legal custody.

 

Who Gets Custody

The mother and legal father generally request custody of the child. However, “extraordinary circumstances” may allow close relatives or friends to have custody if it is the best interest of the child. Custody trials can be difficult situations for everyone involved which is why it is important to have an experienced Child Support Lawyer Suffolk County NY, like Larry E. Flowers, Esq to help you!

 

Where to Start/Amend a Custody Order

In New York State, you have two options on how to start a child custody order:

• File a custody petition to be heard in front of a Judge

The court must have jurisdiction, a legal authority, to hear the case. The requirements are:

• • The child has lived in New York for at least six months (or has lived in NY for his/her entire life if younger than six months).
  • NYS laws have already been determined for the child regarding the previous custody order.
  • The child is in NY after an unforeseen emergency in their home state.
• Mediation – where a third party (mediator) helps bring the two parents closer together to a decision without the need for court.

 

How Custody is Determined

If both parents cannot come to a decision, there are several factors to consider. The main priority is the best interest of the child, which ranges from ideas such as:

• The religious beliefs of the parents
• Handling the child’s emotion
• The mental capacity of the parents
• Drug, alcohol, or sexual abuse from the parents

There is no set age as to when the courts consider a child’s reasonable preference. Rather, they reason with how intelligent and mature he/she is. 

 

Changing Custody/Visitation

Once child custody is determined, it is not permanent. Both parents have the right to change their custody or visitation agreements. Additionally, they also have the right to an attorney. 

 

Child Support Lawyer Suffolk County NY

If you are considering, requesting changes, or have a general question about child custody, contact us to request a consultation with Flowers Law Group, P.C. today. Our Child Support Lawyer Suffolk County NY has the experience needed to help you get the outcome you want! We will work with you to make sure your case is handled properly and professionally!

 

Child Custody and Visitation Laws in New York

For most, divorce can be a difficult and painful process. And for families going through a divorce with children, the custody and visitation decisions that follow can be even more difficult. Fortunately, with the help of a Child Support Lawyer Suffolk County NY, you can have someone by your side during the process who understands how difficult the process is and knows the laws surrounding custody and visitation. 

 

Laws Regarding Child Custody in New York:

• Custody is the authority to make decisions regarding a child’s medical care, education, religious upbringing, and other areas of care. 
• Sole custody refers to one parent having the authority to make decisions for the child’s care, whereas joint custody refers to both parents (and sometimes other caregivers) having this authority.
• Physical Custody, or Primary Placement, refers to who the child lives with primarily.
• Both the mother and legal father of the child can file for custody.
• Relatives and friends of the child can request custody after proving there are “extraordinary circumstances” making them eligible and why it is in the child’s best interest. 
• The court decides who gets custody of the child based on which arrangement is best for the child. This can be determined from each parent’s lifestyle, any substance abuse, domestic abuse, etc. 

It is important to remember that anyone can file for custody of the child. Neither the mother nor the father has a greater right to custody. At the end of the day, the court looks to the best interest of the child when making a final decision, not either parent’s preference. Additionally, an Attorney for the Child is assigned to the child to hear their ideal circumstances during the process.

 

Laws Regarding Visitation in New York:

• Either of the parents, siblings, half-siblings, and grandparents can file for visitation.
• Parents have the right to frequent and meaningful visitation of the child unless otherwise proved to be harmful.
• Supervised visitation refers to the parent having the right to see their child, as long as another adult (social worker, family member, etc.) is present as well as a monitor. The location of the visits is also determined by the judge.
• If a person is seen as fit to visit and take care of their child, they can acquire unsupervised visitation.
• The amount of time allotted for visitation is determined by the person’s emotional intelligence, stability, and safety.
• If there is a change of circumstances, either parent can file a petition to change the court visitation ruling.

Having a Child Support Lawyer Suffolk County NY, can be extremely beneficial in providing someone going through one of these battles with expert knowledge needed to properly settle their dispute. 

 

Child Support Lawyer Suffolk County NY

Flowers Law Group offers services in Criminal Defense, Civil Litigation, and Family Law. We understand better than anyone that going through legal battles, like custody and visitation rulings, can be a difficult and stressful time. Contact us online, or call us at (631) 629-4720, to get in touch with us today!

 

In all cases of divorce, the judges use what is known as the “best interest of the child” standard for settling custody disputes. To determine what is best on a case by case basis, judges tend to take certain aspects into account. At Flowers Law Group, we have helped many parents win custody disputes. Our family court lawyer in Suffolk County NY, knows which factors a judge will focus on, and will help build your case to achieve a favorable outcome.

 

Your Living Situation

Unsurprisingly, your living situation following a divorce will have a direct impact on a judge’s custody decision. At times, the spouse that stays in the family home is awarded custody to keep stability in a child’s life. Additionally, parents in between permanent housing will have a difficult time gaining primary custody. Other factors regarding your living situation that are considered usually include some of the following:

 

• The proximity of your home to your spouse’s.
• The location of your child’s school in comparison to your home.
• In some cases, the ability to transport your child to sporting and social events will also be taken into consideration.

 

Cooperation Between Spouses

Our family court lawyer in Suffolk County NY, recommends that even if you now have bad blood with your spouse, you should always do your best to cooperate with them. Parents who bad mouth their spouse in front of their child or interfere with visitation will limit their chances of securing a favorable outcome. When trying to win a custody dispute, showing you are cooperative will show that you care more about the well being of your child then you do about your dispute with your partner. It will lead to a more favorable result for all parties involved.

 

Assessment Of Stability

One of the main goals of judges who oversee custody disputes will be to keep a child’s life as stable as possible. To help secure a favorable custody outcome, our Child Support Lawyer Suffolk County NY, will help show the courts that the major aspects of your life will not change following a divorce. 

 

Additional Factors

Since the well-being of the child will take precedence in a judge’s decision for custody, many factors will need to be considered so the best outcome can be reached. Additional factors that will be looked at by a judge usually include:

 

• The mental and physical health of the parents.
• The wishes of the parents.
• The child’s age.
• The number of children involved in the dispute.

 

Flowers Law Group

When the matter of custody disputes arise in a divorce case, the team at Flowers Law Group knows it will always be a parent’s top priority. To build a winning custody case, you’ll need the help of our Child Support Lawyer Suffolk County NY. Contact our team today to take the first step in getting your child the outcome they deserve.