Child Custody and Visitation

Few issues in divorce have as much emotional impact as the subject of child custody.

 

 Child custody refers to a collection of responsibilities and rights that parents have regarding their children’s general welfare, authority, religion, education and health care. Spouses may settle custody and visitation issues out of court through a private agreement, which is the most often used and preferred method.

 

  Custody may also be settled out of court by a parenting agreement or consent order that is later approved by a judge.

 

  The challenge in private custody agreements is to develop a practical arrangement that enables each parent to maintain a consistent relationship with agreed measures for raising their child.

 

  If you are facing a child custody process, it is important to carefully consider both existing and future needs to ensure that you remain satisfied with your legal relationship with your children. Until child custody is agreed on, each parent has equal rights to physical custody of the child.

 

In cases where custody is contested, the court must make a determination to promote the best interests and welfare of the child. The best interest of the child is the "guiding star" by which courts should guide decisions about custody. The judge will consider your past and present conduct, and whether the evidence supports your custody claim. You must demonstrate that your behavior and abilities will enhance your child’s overall welfare better than your spouse. Other factors taken into consideration include:

 

  Physical, mental, emotional, moral and religious factors,

  The child’s preference,

  Each parent’s caretaking ability,

  Each parent’s home environment,

  Each parent’s availability to the child,

  Each parent’s economic situation and potential,

  The child’s bonding with other siblings, and

  Other factors that illustrate what is best for the child.

 

  In a divorce, the custody action may precede or follow the divorce or take place while the action is pending.

 

  Custody decisions will affect your family life after divorce for a long time, so it is in yours and your child’s best interests to understand your legal rights and obligations. An experienced Family Law attorney can assist in developing and negotiating comprehensive custody settlement agreements, providing references to mediation expertise, and formalizing agreements reached as a result of mediation or litigation.

 

  Along with the emotional difficulty involved in deciding who gets custody of the children in a divorce, dealing with the New York family court system can cause additional stress. Our team of experienced attorneys at Bukh and Associates PLLC  knows the court processes, judges and other attorneys. Together with our skilled custody and visitation attorneys we put that background to work helping you create a custody plan and visitation arrangements that are in the best interests of the children.

We are available to assist our clients face their child custody case, involving a broad range of issues such as:

 

  Joint or physical custody

  Child visitation rights

  Parenting time

  Grandparent visitation

  Custody modifications

 

  In our family law practice, we understand the issues of custody and visitation can become further complicated by other matters. We have experience dealing with issues such as domestic violence, child abuse and neglect, and orders for protection.

 

 Our firm offers many years of experience in handling child custody or visitation, child support and other concerns related to a divorce or legal separation. We offer the necessary skills to successfully guide you through your family law issues with the attention, respect and dignity your case deserves.

 

  If you require quick, thorough assistance with child custody and visitation or other area of family law, contact our Brooklyn Family Lawyers at the Law Offices of Arkady Bukh.