Child Custody Disputes
Going through divorce is always an emotional experience, especially when it comes to child custody. However, child custody is decided with the same standards whether parents are married or unmarried. Whenever children are involved, it is common and understandable to have significant concerns about their parent-child relationships. With the stresses and anxieties that surround the breakdown of a marriage, you need a lawyer in your corner who will take the time to understand your family dynamic, gain an understanding about your concerns and goals, and explain your legal options to assist you in achieving those goals.
At Quatela Chimeri PLLC, we take the time to dig deeper because we believe that only through true collaboration between attorney and client can we uncover the heart of your legal options. After all, who is better positioned to make informed decisions about your future, and the future of your children, than you?
Determining Child Custody
There are two different custody types: residential custody and legal custody. Physical custody refers to a child’s main residence — where he or she lives for most of the time. Legal custody refers to a parent’s right to make decisions regarding how a child will be raised. Both are addressed by courts when determining the issue of “custody.”
There are two primary custody arrangements available to parents, including:
Joint Custody
Both parents share in making decisions regarding the child’s health, education, welfare, and religious beliefs. They may also share physical custody, with the child residing part time with both parents.
Sole Custody
Only one parent has the right to make decisions regarding the child’s upbringing. The child lives with this parent, but the other parent is typically awarded parental access/visitation rights.
Typically, New York courts decide matters utilizing sole custody, and must base the determination on a finding of what is in the best interests of the children. If you seek a joint custody arrangement, you need an advocate adept at negotiating reasonable settlements in matters of child custody. When a child custody matter is determined by the Family or Supreme Court, many factors are taken into account.
Assembling & Presenting Evidence in Your Favor
It is very risky to assume that a custody decision will go in your favor because of your history, income or parenting skills. As in all areas of a divorce, assembling evidence and cogently presenting facts in support of your desired outcome is often critical to obtaining the positive child custody and parenting time arrangement you want and deserve.
Our accomplished attorneys have successfully advocated for many mothers’ and fathers’ rights in custody matters. We have helped a wide range of divorcing parents win sole custody, secure joint custody and — when two parents believe they can work together amicably — work out a custody arrangement involving near-equal parenting time.
Child Custody and Visitation Plan Priorities
Giving up control and influence in your children’s daily lives is one of the most difficult outcomes for many divorcing parents. We have worked with many clients who were extremely concerned about the other parent’s behavior and its impact on the children.
Common concerns about the other parent include:
- Use of alcohol or drugs
- Friends and associates who will be around the children
- Unsafe driving habits or other safety concerns
- Commitment to making sure children are fed and cared for properly
- Standards regarding age-appropriate entertainment, such as movies and video games
Clear Understanding of Ground Rules and Limits
We create very detailed child custody and visitation plans, so that both parties have a clear understanding of ground rules and limits. Our lawyers can help you form realistic expectations and create a plan that helps you have a greater peace of mind.
We work hard to help our clients settle custody disputes to maintain more control over the outcome, rather than place that decision in the hands of a judge. However, sometimes the opposing party is not willing to agree to a reasonable arrangement that serves the best interests of your children and your parental rights. If so, we will not hesitate to take the case to trial and have substantial and successful experience before the local judges handling these disputes.
Protecting the Rights of Parents & Children.
Our experienced attorneys will help to ensure that your rights are protected.