Queens Child Custody Lawyer
Queens Child Visitation Lawyer Dedicated to Helping Parents
For parents engaged in a divorce, child support, child custody and visitation disputes can be especially challenging to navigate. Many aspects of a legal separation are fraught with emotions, but child custody and visitation battles can be especially challenging. Although parents want what is best for their children, the tension involved in a custody battle can sometimes get in the way of peacefully resolving the dispute—especially when both parties have different ideas of what a child's best interests might be.
Our Queens child custody and visitation lawyer is empathetic and exceptionally skilled at supporting our clients in the most challenging cases. You can trust our Queens child custody lawyer at Markfeld Law to look out for your children's well-being.
What is the Difference Between Joint Custody & Sole Custody in New York?
In the state of New York, courts often award parents with joint custody. In a joint custody arrangement, both guardians of the child have legal custody and must discuss how to handle the most crucial decisions in their children's lives. Legal custody governs factors such as where a child receives an education, how to handle medical issues, what cultures or religions they're exposed to, how the parents can discipline them, etc.
Alternatively, one parent may receive sole custody of the child. A parent who receives sole custody houses the child and also handles matters related to legal custody. If a parent gets sole physical custody, they don't necessarily need the noncustodial parent's input when making decisions. However, the noncustodial parent may still be granted opportunities to have visitation, and thus continue to invest in the child's life through other means.
Courts generally prefer to award both parents joint custody under the assumption that children typically lead better lives when both parents are involved. However, in cases where a parent is shown to be an unfit caregiver (abusing substances, committing child abuse, etc.), the court may award sole custody to one parent to protect the child.
Determining Child Custody in New York
New York courts consider a variety of factors when deciding child custody cases.
Some of these factors include:
- The comparative financial, emotional, mental, and physical stability of each of the respective parties;
- Circumstances where one of the parents has abandoned or neglected the child;
- The presence of a nurturing home atmosphere;
- The effect that separation would have upon other siblings in the family;
- The time spent with the child by the parents, as well as proof of genuine care and affection;
- The child's preferences, if the child is over 12 years old or capable of making such a decision.
Can a Father Get Full Custody in NY?
Yes, a father can get full custody in NY. Custody laws changed many years ago; as a result, both parents have a better chance of getting custody in New York. Decisions on child custody cases are on a case-by-case basis.
What are Visitation Limitations in New York
The court may also limit a parent's visitation rights under certain circumstances. Visitation rights are sometimes restricted if the parent in question possesses certain qualities or has behaved in an inappropriate manner that would injure the child's well-being.
Factors that a New York court would investigate include:
- A history of abuse, domestic violence, or other criminal behavior;
- Refusal or unwillingness by either parent to allow visitation by the other party;
- Unsanctioned relocation of the child or lack of responsibility in informing the other parent in being consistent with agreed-upon schedules or other boundaries.
At What Age Can a Child Refuse Visitation in NY?
Being emancipated or by 18 in New York at which a child can refuse visitation. When deciding visitation, the court will consider the child's age, maturity, and wishes. In general, the NY court will try to ensure that the child has a relationship with both parents, but it will also protect the child from harm. If the court believes that visitation would harm the child, it may order that visitation be suspended or modified.
Here are some factors that the court in NY will consider when deciding visitation:
- The child's age and maturity
- The child's wishes
- The relationship between the child and the noncustodial parent
- Any history of abuse or neglect
- The stability of the noncustodial parent's home
The impact of visitation on the child's school performance, social life, and emotional well-being You should speak with a child custody attorney if you are concerned about visitation.
A custody attorney can help you understand your legal rights and options and represent you in a court in Queens if necessary.
Child custody and child support cases can be emotionally challenging for the entire family. You deserve an empathetic child custody and visitation attorney to help progress your case as smoothly as possible. Our attorney works with clients throughout Queens, the Bronx, Manhattan, and the surrounding counties.