Rochester Child Custody Lawyer

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Rochester Child Custody Lawyer

Child Custody Attorney in Rochester, NY

Child custody cases are some of the most emotionally stressful family court disputes anyone can face. It’s essential to have legal counsel you can trust when it comes to navigating your child custody case in New York. Unfortunately, many parents are unaware of the state laws that come into play in child custody determinations, and it can be incredibly disempowering to learn that the final say regarding custody of your child rests in the hands of a family court judge. Whether your divorce involves child custody negotiations or you need a legally enforceable child custody order, our firm can help.

Legal Representation for Rochester, NY, Child Custody Disputes

Though child custody cases revolve around the best interests of the child, the interpretation of what is best can be divisive. Increase your chances of securing a positive outcome by hiring legal counsel you can trust. The right Rochester, NY, child custody attorney can help you make a strong case for the custody rights you want and prepare you for each stage of your case.

Why Should I Hire a Rochester, NY, Child Custody Lawyer?

Attempting self-representation during any divorce proceeding is risky, but that’s especially true when children are involved. You could face unforeseen complications you do not know how to address or overlook procedural obligations that lead to significant delays in your case. You could also fail to address critical details that result in obtaining lesser custody rights than you expect. Ultimately, the best way to eliminate these risks is by hiring reliable legal counsel for your divorce or custody case. Legal counsel also protects your child’s best interests, and your attorney should understand the challenges your children face during such a difficult time.

Whether your custody dispute is part of a larger divorce case, or you are facing a standalone child custody determination as an unmarried or divorced parent, the Trotto Law Firm, PC, can provide the support and guidance you need to navigate your case successfully. Attorney Jonathan Trotto and his team have extensive experience handling complex custody cases. We know how challenging these proceedings can be for parents and strive to provide compassionate and individualized counsel for every client.

How Is Custody Decided in New York?

New York uses the best interests of the child standard to determine custody between parents. New York’s family court system has a legal obligation to preserve the best interests of any child the court’s rulings affect. Therefore, in most cases, judges who determine child custody strive to arrange custody terms that best suit the children’s daily life.

Family court judges will evaluate numerous factors in making these decisions, including:

  • The fitness of each parent. Judges must determine whether a child’s parents can provide safe and nurturing care for their children.
  • Each parent’s work schedule and availability. Some parents have demanding jobs that require lots of travel, and others work odd hours that would conflict with a child’s usual daily schedule. This can create unique challenges to a parent’s residency schedule with their children. Though these factors won’t prevent a parent from obtaining custody, they may play a role in the custody negotiations.
  • The unique needs of the child. If a child has a disability or medical condition that requires ongoing care, or if the child has special needs or developmental disabilities, the judge must take these factors into account when deciding custody.
  • Each parent’s criminal history. If either parent has any history of child abuse, neglect, domestic violence, or criminal actions of any kind, the judge will carefully review these factors to determine whether a parent poses a threat to their child’s health and safety.
  • Each parent’s age and medical status. A parent must have the physical capacity to handle their child’s needs. If a parent has a disability or medical condition that prevents them from handling their child’s everyday needs, it could influence their time with their children.
  • The preferences of the child. The Court will listen to the child’s wishes and will weigh the child’s wishes and the age and maturity of the child when making a decision.
  • Each parent’s living arrangements. If a parent intends to seek custody, they must have space for their child in their home. The judge will review each parent’s living arrangements to ensure each parent can provide for their child’s basic needs.

Every custody determination is unique, and the judge must carefully review all pertinent details to reach a fair and legal custody determination. Though these factors are some of the most common, many more can affect a custody ruling, especially if there is disagreement about what is best for the children. Your attorney can help you prepare for your custody determination in several ways, from understanding the law surrounding custody to putting your best foot forward in court.

Can I Resolve Custody Privately?

Some divorcing couples and unmarried parents facing custody disputes will privately negotiate parenting plans. Think of a parenting plan as a proposal for a custody order. The parents can sign a custody agreement without the intervention of the Court.

The first determination of custody is crucial because it sets the stage for all issues moving forward. While you may have grounds to request changes to your custody order in the future, know that you need a substantial change in circumstances to modify this order.

Trotto Law Firm, PC, for Complex Child Custody Cases

Your Rochester child custody attorney can help you determine whether recent events constitute grounds to petition for modification of your child custody order.

Ultimately, your child custody determination could be one of the most challenging experiences of your life, and it’s vital to enter this process with the support and guidance you need to make fully informed decisions. Trotto Law Firm, PC, has years of experience representing clients in Rochester, NY, in complex child custody cases. If you are unsure how to approach your custody case, we can help. Contact us today to schedule a consultation with an experienced and compassionate Rochester, NY, child custody attorney.

Ensuring Your Custody Agreement Reflects Your Child’s Best Interests

When parents are unable to agree on a custody arrangement, New York family court judges can delegate responsibilities. Rather than automatically assigning sole custody and primary residence to the primary caregiver, judges analyze components that affect the child’s overall welfare. The “best interests of the child” standard determines parental rights.

These are some factors the court considers:

  • The parent-child relationship
  • The stability of the home
  • The ability of the parent financially and emotionally to support the child
  • The history of the parent’s drug, alcohol, emotional or physical abuse

As an established family law practice, Trotto Law Firm, P.C., recognizes that families today are more diverse than they were in the past. This varied family composition and structure can complicate a judge’s assessment of the best interests standard.

Our committed legal staff has counseled many clients throughout Rochester metro whose primary focus during separation and divorce proceedings is establishing custody rights. Led by our principal attorney, Jonathan Trotto, we use his extensive legal background to help parents, stepparents and guardians secure their custody rights.

Providing Solutions For Unique Circumstances

Whether you are seeking sole or joint custody or wish to establish visitation rights, we can advocate on your behalf for a range of issues, including:

  • Initial determination of custody for all parents
  • Modification of custody
  • Grandparents’ rights and visitation
  • Third-party rights
  • Modifications as a result of relocation or other issues

In addition, we help same-sex couples and families with spouses who serve in the military find equitable resolutions for custody concerns.

When you hire our legal services, you gain access to a staff experienced in resolving disputes using various methods. If you need to pursue legal action in court, we can aggressively litigate on your behalf. Should you decide to use collaborative law, we can represent your interests out of court.

Contact Trotto Law Firm, P.C., For Answers To Child Custody Questions

To reach a knowledgeable lawyer about your case, call our office at 585-453-0040  or send us a message through our intake form. We offer , no-obligation consultations.

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