Westchester County Custody Attorneys
Child custody is a complex, emotionally-charged area of family law. The complexity only increases when the parents do not live in the same state or when one parent plans to move out-of-state. If you’re involved in a child custody or visitation dispute involving a move or relocation, it’s important to retain an experienced family law attorney who understands the nuances of interstate youngster tutelage. A simple misunderstanding or wrong assumption can have lasting repercussions. At Kimberly Pelesz New York Law, LLC, our experienced Westchester County custody attorneys have experience working with New York parents who:
- are the primary custodial parent, while the other parent lives out of state
- have been granted visitation, while the primary custodial parent lives out of state
- want to move out of state with or without the child(ren) for a job or other reason
- feel they need to move themselves and their child(ren) out of state due to abuse
- have been left to provide care after the primary custodial parent has left the state
CHILD CUSTODY IN NEW YORK
Child custody can be one of the most contentious and complex issues in a divorce. Even after parents come to an agreement about how the assets should be divided, they may still argue about who will have custody over their child or children.
Parents must determine who gets physical and legal custody of the child. Physical custody refers to living arrangements of the child, his care, and other aspects of his well-being. Legal custody however, refers to the decision-making authority and responsibility of the child’s welfare. Some decisions that are made by the legal custodian of the child include how and where the child will be educated, what kind of religious education the child will receive, medical and healthcare related decisions for the child, and other important decisions that will impact the child’s life.
There are several outcomes to a youngster tutelage case in New York. The two parents may agree that both parents should share custody of the children. This means that both of you will be responsible for the care of the child as well as medical, religious and educational decisions related to the child’s welfare. Courts are always in favor of shared custody decisions because it ensures that both parents will remain in the child’s life, therefore it is considered to be in the best interests of the child. However, joint custody arrangements usually only work when the divorce is amicable and the parents have a cordial relationship. That’s because when parents are in a joint custody arrangement, they must frequently communicate with one another and see each other as they transport the child back and forth. Parents must be willing to put aside their differences and work together to make the best decisions for their children.
However, shared custody is not the only outcome for youngster tutelage cases. Some cases end with one parent retaining sole custody of the child while the other simply has visitation rights. It is essential that you create an agreed upon visitation schedule if you choose to enter into a sole custody arrangement.
If you and your spouse cannot agree upon how custody matters should be settled, the matter will be taken up in court and the judge will decide which arrangement is best. The court will also appoint an attorney for the child who will inform the court of the child’s wishes.
Be sure you work with an experienced Westchester County youngster tutelage lawyer if you are settling a child custody matter with your child’s other parent. Don’t hesitate to ask for help with your child custody-related questions from a Westchester County child custody lawyer.
HOW WILL A COURT DECIDE A CUSTODY CASE?
If the parents cannot agree upon a custody arrangement, the matter will be taken to court and the judge will have the final say. The court will look at a number of factors including the lifestyles of the parents, and the environment at home that they can provide for the child. The judge will determine what kind of relationship the child has with each parent and with that parent’s extended family, too. If either parent has issues with drugs or alcohol, the judge will not look favorable on granting that parent custody of the child. The same can be said of a parent who has a history of domestic violence, even if the domestic violence did not involve the child in any way. Because the court wants to ensure the child is raised in a happy and healthy home, the judge will look at how much time each parent has to spend with the child before awarding custody.
Do not face a custody battle alone. Nothing matters more in life than your child, so it’s important that you fight to have the right to spend as much time with him or her as possible. Contact an experienced Westchester County youngster tutelage attorney for legal assistance.
ACHIEVING THE BEST OUTCOME
Regardless of your situation, let us explain your rights and the steps you need to take to protect your children. If you need or desire to relocate, it may mean that court-ordered divorce arrangements will need to be changed, and you may have to obtain the court’s approval. Our experienced Westchester County custody attorneys understand that your situation is unique, and will help you make informed decisions, and will advocate for the best outcome possible for you and your children. We offer cost-efficient, effective youngster tutelage and visitation solutions.
WE OFFER EFFECTIVE SOLUTIONS
Contact Kimberly Pelesz New York Law, LLC as quickly as possible for a free initial consultation if you are seeking, involved in, or anticipating a child custody or visitation dispute. With offices in Peekskill and Poughkeepsie, we serve New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how our experienced Westchester County custody attorneys can help you in an interstate custody or relocation dispute, email us or call us promptly at (914) 402-4541.