In New York, if you are divorcing with children, or if a custody dispute erupts after the divorce, obtain legal help at once by contacting an experienced Peekskill family law attorney. When the issue of child custody comes before a New York court, the first thing to be determined is if the court has jurisdiction. The child must have lived in New York for the previous six months. If this is not the case, the parent seeking custody will have to file in the state where the child most recently lived for at least six months. If the youngster is less than six months old, you’ll need to file for custody in the state where the child was born.

New York courts make no general presumption about whether mothers or fathers make better parents. The mother is not automatically given precedence over the father. Either parent may have an equal chance at getting custody of the child. Every parent enters youngster custody disputes on equal legal terms, except that the parent with physical custody of the child when the case is heard has a “default” advantage because the courts resist making decisions that will “disrupt” a child’s life. The primary custodial parent is typically the person, who is in charge of the well-being and the care of the child, including taking care of the child’s needs, giving shelter, food, taking the child to school and other activities. Talk to a New York family lawyer for advice on a youngster custody matter.

New York courts make the “best interests of the child” the top priority in custody cases and all other cases involving children.

The court then considers the parents’ lives and lifestyles. If there’s drinking or drug use, it’s considered. If a child would be separated from siblings, that too is a consideration. The court will consider the relationship that your child has with other members of your family and your relatives. A court will also consider the amount of time that you’re willing to spend in caring for the child. In some cases, the court will appoint an “Attorney for the Child” to advocate on the child’s behalf. All of the issues and arguments will be considered and deliberated upon before the court hands down a custody ruling. When the divorce is in progress, your Westchester County family lawyer will ask the court to issue a temporary youngster custody order which will be in place until the divorce is finalized.

Nothing in the world is more important than your relationship and your future life with your youngster. If you are seeking sole or joint physical and legal custody of your child in Westchester, Dutchess, Putnam, Orange, or Rockland County, discuss your situation and your legal options as quickly as possible with a trustworthy and experienced Peekskill family law attorney. A Westchester County family lawyer will be able to give you legal advice about which arrangement he or she believes is right for your family situation so you can make the right choice.

By: Kimberly Pelesz

Family law and criminal defense attorney Kimberly A. Pelesz received a B.S. degree magna cum laude and an M.P.A. degree summa cum laude from Binghamton University. She earned her J.D. from Pace University School of Law in White Plains, where she was selected for Phi Alpha Delta. Her charitable activities include work with My Sisters’ Place in White Plains and the Westchester County District Attorney’s Humane Education Taskforce.

Comments are closed.