Fairport Child Custody Lawyer

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Fairport Child Custody Lawyer

Fairport, NY Child Custody Attorney

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.

Fairport Child Custody Lawyer

Representing New York State Child Custody and Family Law

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.

What Are the Different Types of Child Custody in New York?

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.

How Is Child Custody Determined in New York?

Many factors will be considered by the court when making a child custody determination in New York, including but not limited to:

  • The child’s relationship with each parent
  • The child’s preference (if the child is of sufficient age and maturity)
  • Each parent’s ability to provide a stable home environment
  • Each parent’s work schedule
  • The mental and physical health of each parent
  • Any history of domestic violence or child abuse

What Are the Different Types of Child Visitation in New York?

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:

  • Frequent and consistent contact between the child and both parents
  • A flexible schedule that can quickly be adjusted as needed
  • A schedule that is specific and detailed enough to avoid confusion

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.

What Are the Different Types of Child Support in New York?

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.

How Can a Fairport, NY Child Custody Attorney Help?

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.

This includes:

  • Serving as your advocate and advisor: Your attorney will be your advocate throughout the legal process and will act as a “walking legal dictionary” of sorts. They will provide you with advice and guidance every step of the way that is backed by experience and knowledge.
  • Ensuring that your rights are protected: Your attorney will ensure that your rights are protected throughout the legal process and that you are not taken advantage of by the other party or the court system. For example, your attorney can help ensure that the proposed visitation schedule is unbiased and fair and that you are not being asked to pay more child support than you should be.
  • Helping you to understand the law: The law can be complex, and it can be difficult to understand all of the different aspects of child custody law. Your attorney can help you understand the law and how it applies to your case, which allows you to make crucial decisions about your case. In addition, having a knowledgeable and experienced attorney who is available to answer your questions can be invaluable and expedite the decision-making process.
  • Negotiating on your behalf: Your attorney will be your negotiator throughout the legal process, working to easily reach a practical agreement that is in your best interests with the other party. In many situations, child custody cases are resolved through negotiation and mediation, and your attorney will be there for support. If alternative dispute resolution is not an option or not successful, your attorney will continue to negotiate for you in the courtroom.
  • Offer creative solutions: Often in family law cases, the people involved are so close to the situation that they cannot see outside the box for a creative solution. Attorneys are trained to take a step back and assess the situation from all angles in order to offer creative solutions that may not have been considered. This could include developing a parenting schedule that works for both parties or finding a way to divide assets in an equitable manner.

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.

Tips to Talk to Your Children About Your Fairport, NY Divorce

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:

  1. Be honest with your children.
    It is important to be honest with your children about the divorce. Do not try to sugarcoat the situation or make it seem like something it is not. Your children are smart, and they will be able to see through your attempts to mislead them. This is a pivotal life moment to extend honesty to your children so that they can further trust you in the future.
  2. Explain the situation to your children.
    Your children are going to have a lot of questions about the divorce. It is important to explain the situation to your children in a way that they can understand. This means using age-appropriate language and keeping your explanation as simple as possible.
  3. Reassure your children that they are not to blame.
    Your children may think that they are to blame for the divorce. It is imperative to reassure your children that they are not to blame for the divorce. Never assume that they know this. A child may not always express how they are feeling, so it is important to tell them directly that they are not responsible for the divorce. Even if you have already discussed it with them, it may be beneficial to remind them that they are not to blame to prevent any feelings of guilt or shame.
  4. Let your children know that they can come to you with any questions.
    Your children are going to have a lot of questions about the divorce. It is important to let them know that they can come to you with any questions they have. This will help to ease their anxiety and allow them to process the divorce in a healthy way.
  5. Explain the changes that will be happening.
    If there are any major changes that will be happening as a result of the divorce, it is important to explain these changes to your children. This could include a change in living arrangements, a change in schools, or a change in family dynamics. It is important to prepare your children for these changes so that they can transition smoothly. While explaining these details to your children, be sure to emphasize that the things they love will remain the same as well, such as spending time with their grandparents or their best friends.

FAQs

Q: How much does a family lawyer cost in NY?

A: 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.

Q: How do I find a good family lawyer in NY?

A: 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.

Q: How is custody decided in NY?

A: 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.

Q: How does family court work in NY?

A: 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.

Contact Trotto Law Firm Today

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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