As a New York child custody attorneys, we understand that in many cases, custody of children is one of the more contentious issues that couples must resolve. The courts in New York will always take the best interest of the child into consideration when making custody decisions.  There are many ways the issue can be resolved. There are some basic questions that the court will address in making this determination, including:

  • Caregiver status – the court will look at who has been the primary provider of the child’s physical needs.
  • Age appropriate decisions – when the court deems it appropriate, the wishes of the child will be taken into consideration.
  • Home environment – the court will try to determine which parent’s home provides the best overall environment for the child as well as relationships with other children in the home.
  • Ability to Foster the Relationship Between the Child and the Other Parent – if a court finds that one parent is interfering with the relationship between the child and the other parent, the court may find “alienation” and could find the alienating parent to be unfit.

After custody decisions

Unfortunately, even after the court has determined which parent should have custody, there are other issues which may need to be dealt with.   Our attorneys at DiPoala Haber Law have dealt with many parenting issues including:

  • Visitation rights/Parenting Time – even if one parent has physical custody the other parent is typically given the right to visits, or parenting time, with the child. This may apply even if the non-custodial parent lives out of state.  Agreements and/or decisions must be made as to when and where the parent can visit with their child.
  • Child support payments – generally, the non-custodial parent will be ordered to pay child support to the custodial parent. In some cases payments may not be made as agreed which can result in the necessity to get a New York child support lawyer involved in enforcement. There are also instances where the amount of support agreed upon needs to be changed.  We can can help with modification.
  • Other services – there may be cases where a non-custodial parent may petition for temporary or permanent custody of minor children. While the court would need a good reason to change their ordered custodial arrangements, there are cases including the custodial parent becoming disabled or unemployed where this may be necessary.  Our attorneys at DiPoala Haber Law can help with these types of petitions.

There are many times when it may be necessary to consult with a New York custody attorney.  Our attorneys at DiPoala Haber Law are available to help. Feel free to call on us when you have questions regarding any type of custody issue, including to petition for or modify custody, or for post-custody support orders.