Many aspects of a divorce make the process difficult for a parting couple, but nothing is as potentially gut-wrenching as child custody disputes. While major disagreements and incompatibility between two adults can lead them to advance divorce proceedings, the well-being and future of children often hang in the balance during child custody disputes. Both parents typically do not want to disrupt a child’s life, nor do they want to be absent from their upbringing, so these disputes can often be very heated. If you face a child custody battle in the state of New York, having a qualified Fairport, NY child custody lawyer is vital. They can work to ensure that your parental rights are protected and your children’s best interests are kept at the forefront of every decision.
At Trotto Law Firm, we have years of successful legal experience handling all aspects of child custody and family law in the state of New York. We understand the challenges and stresses you are currently facing, and we will work diligently to help you reach an agreeable resolution that is in the best interests of you and your children. Our approach respects each family’s unique circumstances to make the best decisions for the children going forward. We will never lose sight of what is truly important in these cases – the children – and we will work tirelessly to help you achieve the best possible outcome for your family.
In the state of New York, there are two main types of child custody: physical and legal. Physical custody relates to where the child will reside, while legal custody pertains to the parent’s right to make decisions about the child’s education, health, and welfare. Parents can have shared physical custody, which means that the child will reside with both parents equally on a rotating basis. Alternatively, one parent can have primary physical custody while the other has visitation rights. Legal custody can also be joint, meaning that both parents have a say in decision-making, or one parent can have sole legal custody.
Many factors will be considered by the court when making a child custody determination in New York, including but not limited to:
If one parent is awarded primary physical custody, the other parent will typically be granted visitation rights. The court will determine the visitation schedule, and it will take into account the work schedules of both parents as well as the child’s schooling and extracurricular activities. In some cases, visitation may be supervised by a third party if there are concerns about the safety of the child.
Some key factors of a successful visitation schedule include:
The point of a visitation schedule is to ensure that the child has a meaningful relationship with both parents, even when not living in the same household. These factors and an agreeable parenting plan will help to make sure that this happens.
In the state of New York, child support is based on the the annual financial incomes of both parents as well as the amount of time each parent spends with the child. These child support guidelines are formally set forth in the New York State Child Support Standards Act, and they are used to calculate the basic child support obligation and add-on expenses – healthcare costs, medical expenses, daycare, childcare, and educational expenses.
In cases where the parents have a high income, the court may deviate from the child support guidelines income gap to ensure that the child’s needs are met. The court may also consider the assets and resources of each parent when making a child support determination.
If you are involved in a child custody case in Fairport, NY, it is important to have an experienced attorney on your side. There is significant value in having an attorney who knows the law and who will fight for your rights.
Having an experienced Fairport, NY child custody attorney on your side can make a massive difference in your case. It’s often the single best decision you can make when going through a divorce or child custody case.
If you are going through a divorce in Fairport, NY, it is important to talk to your children about the divorce. Here are some useful tips to help the conversation:
There is no universal answer to this question as lawyers’ fees vary depending on the nature and complexity of your case, as well as the lawyer’s experience and location. The more popular and experienced the lawyer, the higher their fees are likely to be, but greater experience could also mean a higher success rate. The best way to gauge an accurate estimate for your particular case is to speak directly with the attorney you are considering hiring.
While an internet search is a good place to start, it’s the questions you ask during your initial conversation with a prospective lawyer that will help you determine whether they’re a good fit for your needs. Be sure to ask about their experience handling cases like yours, what kind of strategies they typically use, and how they would handle your case specifically. It’s also extremely important to find a lawyer with whom you feel you can connect and feel comfortable communicating. After all, you’ll be sharing a lot of personal information with them.
In New York, custody is decided based on the best interests of the child. The court considers the child’s age, health, and relationship with each parent. The court will also consider which parent is more likely to provide a stable and nurturing environment for the child. Ultimately, the goal is to make a decision that is in the child’s best interests and will allow them to have a meaningful relationship with both parents.
Family court in New York is a court of law that hears cases involving family-related matters such as divorce, child custody, and domestic violence. The court has the power to make decisions that are binding on all parties involved. If you have a family law case in New York, having a lawyer to support and defend your position and guide you through the legal process is essential.
If you are going through a divorce or child custody agreement case in New York, it is important to have an experienced lawyer on your side. At Trotto Law Firm, we have extensive experience handling family law cases in New York. We will protect your rights and achieve the best possible outcome for you and your family. Contact us today to discuss how we can help you with your family law case.
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