Divorce can be hard enough on its own; when a couple has children together, a divorce can become more difficult and painful. If you feel that the bond in your parent-child relationship is threatened, it can be extremely difficult to cope. You worry about your child’s wellbeing and want to ensure their life remains as uninterrupted as possible.
Working with a Brighton, NY child custody lawyer can help ensure that your child’s best interests are always kept in mind during divorce proceedings and that you have the best possible chance of maintaining a healthy relationship with your child.
At Trotto Law Firm, our divorce and custody attorneys have helped countless parents survive the most difficult times in their lives. We understand how imperative it is to maintain a relationship with your child and will do everything in our legal power to help you achieve that goal. From negotiating with the other parent to fighting for your rights in court, we will be by your side every step.
Two types of custody arrangements exist that a court can order in Brighton, NY: legal and physical.
The type of custody arrangement that is ordered will depend on several factors, including the child’s age, the relationship between the child and each parent, each parent’s work schedule, and each parent’s home life. The court will decide based on what influences best protect the child’s health, safety, and welfare the most.
In Brighton, NY, custody of a child can be awarded to either parent. There is no preference for anyone based on their gender. Instead, the court will decide based on what will benefit the child the most.
To help make this determination, the court will consider several factors, including:
If both parents are deemed fit to care for the child, the court will apply a joint custody arrangement. If one parent is deemed unfit, the court may order a sole custody arrangement in which the child lives with the other parent full-time.
If parents cannot agree on custody, they will need to have a hearing in front of a judge. At the hearing, each parent will present their case for why they believe they should be the one to earn custody. The judge will then decide what they believe is in the child’s best interests based on the evidence presented. The decisions made by the judge are final and, therefore, binding.
Even when both parents agree on custody, the court may still need to get involved if they believe the arrangement is unfavorable. For example, if one parent plans to move out of state, the court may need to decide whether or not the child should move with them.
Custody and child support orders can be changed in Brighton, NY, but it is not an easy process. The parent requesting the custody or child support modification request will need to show a significant change in circumstances that warrants a change in the custody arrangement. Examples of events that may warrant a modification include:
If the judge declares there has been a significant change in circumstances, they may modify the custody arrangement. If the judge does not identify significant change, the custody arrangement will remain the same, and the family unit will have to continue to operate under the previous arrangement.
If you are in a child custody case in Brighton, NY, it is crucial to have an experienced lawyer. Many find the temptation to attempt to tackle their case on their own, but the family law system is often challenging to navigate without legal assistance.
Anyone without a family law degree and legal experience may be disadvantaged when trying to earn custody of their child. If you want to ensure that you have the best chance of being awarded custody, you should consult with a lawyer who will have your back and accelerate the process.
Working with a law firm offers many advantages. For one, law firms have the resources to handle complex cases. For example, if your child custody case is complicated by the fact that one parent lives in another state, a law firm will have the resources to help you navigate the jurisdictional issues involved.
A child custody lawyer can:
In addition, law firms can typically offer a higher level of customer service as they have more staff to answer phone calls and address concerns. This can be helpful when you are trying to manage a custody case while also caring for your children.
Finally, law firms may be able to offer a higher level of collective experience. When you work with a law firm, you will have a team with different backgrounds and experience working on your case. This can be helpful as you will have multiple perspectives on your case and can be confident that no stone is left unturned.
Joint custody is the most common child custody arrangement, whereby both parents share both legal and physical custody of the child. This means that the child will live with both parents and that both parents will have a say in major decisions about the child’s life, such as in their education and medical care.
No, NY does not favor mothers in custody cases. The state uses a “best interests of the child” standard to determine custody arrangements, which means that the child’s welfare is the only factor considered. If the mother is able to provide a better home for the child, she may be awarded custody, but this is not always the case as the father may, in many cases, be better suited to provide for the child.
A strong child custody case is one in which the parent can show that they are able to provide a safe and stable home for the child. The parent should also be able to show that they are involved in the child’s life and that they have a good relationship with the child. This is best done with evidence, such as photos, emails, text messages, and testimony.
Child custody cases can take anywhere from a few months to a year or more, depending on the complexity of the case. If the parents are able to reach an agreement on custody, the process may be shorter, but if the case goes to trial, it may take longer. Regardless, it is important to consult with a lawyer as soon as possible so that they can begin working on your case.
If you are considering or are in the midst of a child custody case, it is important to have an experienced lawyer on your side. The team at Trotto Law Firm have detailed experience handling various child custody cases and can help you navigate the process. Contact us today to schedule a consultation.
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