Brooklyn Child Custody Attorney

Child Custody

In most divorce and family law cases, child custody is often one of the most important, as well as in many cases, the most touchy of subjects. There are many times that the custody aspects of a case may be drawn out over several court dates while the welfare of the child or children are taken into consideration. Therefore, it is important to understand the aspects revolving around a custody case to ensure an outcome that works best for you and your family.

There are several topics that are important to consider when a custody battle takes place. Understanding the intricacies of the courtroom as well as researching answers to common questions, such as those that are listed below, will allow you to successfully manage your custody case on your court date, with the help of your family lawyer in Brooklyn.

What is child custody?

In some cases, there seem to be grey areas about the true definition of child custody. According to most judgments passed by the Brooklyn family court, there are two primary types of child custody:

Full Custody: one parent has full-time custody of the child or children. This means that that parent is considered their sole legal guardian unless otherwise agreed upon between the two parties. Furthermore, this means that the child lives with one parent full time, though this does not mean that the child may not visit with the non-custodial parent based on visitation agreements.

Joint Custody: Joint custody, typically, means that the parents share custody of the children. Joint custody arrangements are often made based on the best interests of the child or children. Therefore, in some cases, the child or children will live with one parent during the school year, and one during the summer. Alternatively, dependent upon the arrangements made between the parents, this may indicate that the children divide their time between each parent. Ultimately, however, the court will base these decisions on the best interest of the children, to ensure they are able to maintain normalcy in their day to day lives.

Often, this is decided during the custody trial. Typically, the best outcome in these cases is reached by working with a child custody lawyer in Brooklyn.

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What are the standards for awarding custody and how is it determined?

Child custody in New York states neither parent is granted custody rights by law. Therefore, should a custody case be filed, the court will often focus on the matter of child custody in the best interest of the child. One of the initial aspects that are most often considered in most custody cases is the parent who is currently considered the primary caretaker of the child. Furthermore, the parent who, when the custody case is filed, has physical custody of the child at that time may have an advantage in the court proceedings.

This is due to the fact that the best interest of the child is often considered. Brooklyn family court cases often look at which parent has been caring for the child currently, the level of success to which they are able to care for the child, the history of the child's relationship with that parent, and the parent's ability, time, and willingness to care for the child. Furthermore, in many cases, courts will attempt to factor in normalcy for the child - they do not want to disrupt the child's day to day life if it is not absolutely necessary.

Other factors that are considered, however, that may help in determining the custody of the child is the input of the child. Particularly, with older children, their input may be more heavily considered (though the Brooklyn family court system is not required to comply with the child's request.) The older the child is, the more likely the court will take their input into consideration when determining custody cases, making it an important factor once children are of a certain age.

What is the process for granting custody and is the ruling final or can it be reviewed?

There are cases in which parents are currently unable to care for their children, for a variety of reasons, but wish to maintain custody rights once they are able to financially support said, children. An initial custody case must be filed - it may either be filed during the divorce proceedings as part of the divorce case or separately after the divorce is finalized. A child custody lawyer in Brooklyn is often able to assist in the presentation and argumentation of a custody case and will be able to provide insight to the judge as to why one parent deserves custodial rights. Once all information has been presented to the courts by the child custody lawyer in Brooklyn, the hearing will take place and a judgment will be passed.

As previously mentioned, there are two types of custody that can be awarded to the parents - full custody, or joint custody. However, in many cases, the parent who does not have custody will be granted fair visitation rights unless it is a danger to the child. A custody case can be revisited at any time, as long as sufficient evidence can be provided for a reason as too why.

What is custodial interference?

Divorce lawyers in Brooklyn, as well as child custody lawyers in Brooklyn, often see an issue with custodial interference, as well as visitation interference. This is often a crime and is defined relatively simply as the act of withholding the physical custody of a child from the parent who is lawfully entitled to it. Visitation interference is similar in that one parent is withholding visitation rights unlawfully and within justifiable legal reason (such as the endangerment of the child.)

This is an issue that can be brought to court - therefore, it is best to see the assistance of a family lawyer in Brooklyn if you feel that you are suffering from custodial interference as it goes against child custody laws put in place by the state of New York.