Child Custody Attorney in New York

How Custody Is Decided in New York

What determines who gets custody of a child? There are various factors that will be used to determine child custody in a Westchester County court. While decisions will vary from court to court, case to case, and jurisdiction to jurisdiction, there are some standard guidelines that are helpful to understand.

Some of the issues the court will look to in determining the best interests of the child and therefore child custody may include:

• The current living arrangements of the child (if the parents are already separated)
• The child’s preference (in some cases)
• The stability of the environment at each parent’s home
• The financial stability of each parent
• The emotional and mental stability of each parent

It will be your child custody attorney’s job to ensure that your case is presented in the best possible light with regard to these key categories. It will also be his or her job to protect you from allegations that misrepresent your emotional, financial, and residential stability.

Our New York child custody lawyers at Friedman & Friedman PLLC, Attorneys at Law understand what is at stake and will skillfully build and present your case in the best possible light regarding each of these categories. Let us help you prove to the court that you having parental custody is in the child’s best interests.

Two Types of Custody Arrangements (and Why You'll Want Both)

Custody arrangements have two general forms: joint custody and full custody. Family courts generally prefer to create joint arrangements, recognizing that children benefit from having two parents in their lives. Full custody is avoided when possible, because it grants full custody to only one parent.

That being said, both joint custody and full custody have two additional types:

1. Legal Custody – The ability to make decisions for your child
2. Physical Custody – Where your child lives

It is possible for you to have joint legal custody while having limited visitation rights, so even in joint custody cases, you'll need a child custody attorney in New York if you want to protect your relationship with your child.

Crafting and negotiating an arrangement that understands your bond with your kids is our chief goal. When we take on a custody case, we utilize over 90 years of combined experience and strategy to make sure you and your children have the arrangement that is best for you.

How to Win Full Custody in NY

There are two types of custody in New York: physical custody and legal custody. Physical custody determines where the child lives. Legal custody determines who makes major education, medical, and other decisions for the child. In most cases, the state believes that a child is best served by a relationship with both parents. Unfortunately, there are situations where one parent should have full custody.

Arguments used in court when petitioning for full custody include:

• History of domestic violence
• History of child neglect
• A pattern of drug or alcohol abuse
• Untreated mental health issues
• Testimony of witnesses to bad parental behavior
• Habitual unemployment
• Inability to provide an appropriate home

Depending on the factors involved, a judge may award full custody to one parent but allow limited supervised visitation with the noncustodial parent.

Understanding Parenting Plans and Modifications in Westchester County

When parents separate or divorce, a detailed parenting plan becomes essential for outlining how they will share responsibilities for their children. In Westchester County custody cases, courts often encourage parents to reach an agreement on parenting plans before stepping into the courtroom. A comprehensive plan can describe how time is divided between parents, who makes decisions about education or healthcare, and how holidays or vacations are shared.

If you and your co-parent are unable to agree, the court will intervene to create an arrangement based on your child's best interests, taking into account relevant New York State laws and local Westchester County procedures. Having guidance from a custody attorney Westchester County families have turned to can offer clarity about what the courts are likely to expect in your parenting plan and what details must be covered to avoid future disputes.

Key topics a parenting plan should address include:

• Schedule for physical custody including weekday, weekend, and holiday arrangements
• Decision-making protocols for medical, educational, and extracurricular choices
• Communication methods between parents and with the child
• Provisions for relocation or travel out of Westchester County
• Procedures for dispute resolution should disagreements arise

It is also common for circumstances to change over time, requiring a modification to the existing parenting plan. The courts in Westchester County will consider modification requests if there is a substantial change in the family's situation, such as a move, job change, or evolving needs of the child. Consulting with a child custody lawyer Westchester County parents rely on can help you understand when a modification might be warranted and how to navigate the local legal process effectively. Access to local legal experience ensures that your revised parenting arrangement fully aligns with court requirements and prioritizes your child’s best interests.

Can You Get Full Custody Without Going to Court?

In some cases, it may be possible to get full custody without a court case. You may be able to get full custody without trial if:

• The other parent agrees that you should have full custody
• You and the other parent attend mediation and come to the agreement that you should have full custody

These cases are rare, so if you want to fight for full custody, be sure to consult a child custody lawyer in New York as soon as possible. We can help you pursue the best legal course of action to get custody of your child.

White Plains Child Custody Lawyers – Serving Westchester County

During a custody case, you may find that you are being accused of being an incompetent parent. You may find that you are having trouble proving that your spouse or ex-spouse cannot provide a safe and healthy environment for your child.

Because of these and other difficult situations that come with a parental custody dispute, you need a New York child custody lawyer on your side to assert your rights and make your position known to the court. Friedman & Friedman PLLC, Attorneys at Law can help you reach an outcome that is best for you and your child.

Contact a child custody attorney in Westchester County today if you are facing a custody dispute in New York. Call (914) 873-4410 to get started.