Child Custody Lawyer NYC

Get Effective Guidance from a NYC Child Custody Lawyer

Family law is already highly stressful, but the stress only multiplies when children are involved. Thankfully, our NYC child custody lawyers understand the anxiety our clients face. We bring a holistic and communicative approach to complex custody issues to reduce stress and pave the way for a positive legal outcome. We’ll get to know you, the issues involved, and your goals for your child and the future.

At Levoritz Law Firm, we provide the full spectrum of legal services in child custody cases. Whether you are seeking custody, negotiating for child support, or trying to get a fair visitation agreement, we are here for you. And if a judge’s decision is unfair to you or it’s not in your child’s best interests, our team is ready to appeal your case in court.

Understanding New York Child Custody Law

In New York City, understanding the various types of child custody is crucial for families navigating the process.

• Legal Custody

  Legal custody refers to the right to make significant decisions regarding the child’s welfare, including education, health care, and religious upbringing. Joint legal custody allows both parents to share these responsibilities, whereas sole legal custody grants this authority to one parent exclusively.

• Physical Custody

  Physical custody determines which parent the child will live with. Joint physical custody implies that the child spends significant time with both parents, often on a shared schedule. Sole physical custody means the child resides primarily with one parent — however, the non-custodial parent usually has visitation rights.

• Sole Custody

  Sole custody encompasses both legal and physical custody, and it describes a case in which the child lives with one parent, and that parent is the sole decision-maker for the child. This option is less common and typically arises when one parent is deemed unfit or unable to care for the child.

• Joint Custody

  Joint custody can cover custody’s legal and physical aspects, promoting ongoing cooperation between parents. This arrangement requires effective communication and a commitment to the child’s best interests.

• Visitation

  In cases where sole physical custody is awarded, the non-custodial parent is often granted visitation rights to ensure the child maintains a relationship with both parents.

Factors New York Courts Consider in Determining Custody

When deciding physical and legal custody, judges consider a variety of factors, including:

• The relationship of the child with each parent.
• Which parent has been the main caregiver.
• Which parent the child spend the most time with.
• The mental and physical health of both parents.
• Whether domestic violence has been an issue.
• The parenting and nurturing skills of both parents.
• The parents’ work schedules.
• Plans of each parent for outside childcare.
• Whether there are siblings involved.
• Whether a child has special needs — if so, the court also considers the ability of each parent to meet these needs.

These factors all have one thing in common: the child’s best interests. Above all else, this is the most important factor in custody cases.

Furthermore, these factors are just some of the elements judges may consider. They will take into account any factors they think are relevant in making custody decisions. For example, depending on a child’s age, they may also consider the child’s preference for living with one parent instead of the other.

While judges do their best to make the right decision, they can potentially make the wrong one. That’s why it’s so important to get help from an experienced child custody attorney in New York. When you choose our firm to represent you, we will effectively present your case and stand up for your rights.

What Is the Process for a Child Custody Proceeding?

Child custody is a legal process that involves several key steps:

Filing a Petition

The process starts with one or both parents filing a custody petition that outlines a desired custody arrangement in the county where the child resides. There are five family courts in New York City, including in lower Manhattan, the Bronx, downtown Brooklyn, Jamaica/Queens, and Staten Island.

Serving the Petition

The non-filing parent (if both parents do not file the petition together) must be served with the petition, informing them of the custody request and the court date.

Court Appearance

Both parents then appear in court. If they agree on custody terms, the judge can make the agreement official. If not, the court may order mediation or a custody evaluation.

Mediation/Custody Evaluation

In some cases, disagreements can be handled by a third-party mediator, who will help the parents reach a mutually beneficial arrangement. In contested cases, the court may require a custody evaluation to assess the family situation and recommend the most appropriate arrangement for the child.

Trial

If the parents still contest the arrangement, the case may go to trial. Both parents can present evidence, call witnesses, and make their case for the arrangement they believe is right for the child.

Judgment

The judge will finally make a decision based on the child’s best interests, considering factors such as the parents` ability to provide for the child, the child’s relationship with each parent, and the child’s home environment stability.

Issuance of a Custody Order

The court then issues a legally binding custody order detailing the custody arrangement and visitation schedules (if applicable).

Visitation Time and Parenting Time in Child Custody

Visitation time and parenting time are crucial concepts that shape the time the child spends with each parent.

• Visitation Time

  Visitation time refers to a schedule the non-custodial parent must abide by when spending time with their child. This term is often used when one parent has sole physical custody, and the other parent has the right to visit with the child at agreed-upon times. 

  Visitation can be unsupervised, allowing the non-custodial parent to spend time with the child without any restrictions, or supervised, where visits occur in the presence of another adult or professional — this is commonly used when the child’s safety and well-being are of particular concern.

• Parenting Time

  Parenting time is the time that each parent spends with their child. In joint custody arrangements, parenting time should be divided in a way that allows the child to have a significant and ongoing relationship with both parents. 

  The specifics of parenting time can vary widely, taking into account work schedules, the child’s schooling and extracurricular activities, and the geographical distance between the parents’ homes.

Child Custody Modifications

Modifying a child custody agreement is a process that requires demonstrating a significant change in circumstances. At Levoritz Law Firm, we understand that the unpredictable nature of life can often necessitate changes to custody arrangements. Our experienced attorneys are here to guide you through the modification process, making sure your child's best interests are always at the forefront.

Modifications to child custody may be appropriate in various circumstances, including:

• Changes in living situations: When a parent relocates or when an environment becomes unsafe or unstable for the child.
• Changes in parental circumstances: Significant changes in a parent's lifestyle, health, employment, or financial status that affect their ability to care for the child.
• Child's needs: Changes in the child's health, education, or emotional needs that are not met under the current custody arrangement.
• Parental compliance: Instances where one parent is not adhering to the agreed-upon custody arrangement or is found to be unfit.

To modify a child custody order, the petitioning parent must file a motion with the court, providing evidence of a significant change in circumstances and how the proposed modification serves the child’s best interests. The court will consider the modification in light of the existing order and the change of circumstances — again, with the primary goal being to meet the child’s best interests.

How Our Attorneys Can Assist with Child Custody Matters in NYC

At Levoritz Law Firm in New York City, we assist families with the delicate matter of child custody, bringing both legal acumen and a deep understanding of the emotional complexities involved. Our experienced attorneys are committed to providing personalized, compassionate support tailored to the unique needs of each family. Here’s how we can assist with child custody matters.

• Skilled Guidance on Custody Types

  We can guide you through the benefits and downsides of various custody arrangements, including legal, physical, joint, and sole custody. Our team will help you understand the implications of each option, ensuring you make informed decisions that best serve your child’s interests.

• Strategic Advocacy in Custody Disputes

  In contested custody cases, our attorneys provide strategic advocacy to represent your interests and those of your child in negotiations — and, if necessary, in court. We’ll focus on achieving a resolution that prioritizes the child’s well-being while protecting your parental rights.

• Support Through the Custody Evaluation Process

  Our firm offers thorough support and preparation for contested custody cases that require evaluation. We’ll help you present your case effectively, making sure the evaluator receives a comprehensive understanding of your child’s needs and your ability to meet them.

• Assistance with Custody Modifications

  Our firm assists with the modification of existing custody orders, helping you navigate the legal requirements to demonstrate a significant change in circumstances and advocate for an arrangement that reflects your child’s needs.

• Comprehensive Support

  Beyond legal representation, Levoritz Law Firm provides comprehensive support to families navigating child custody matters. From connecting you with resources for emotional support to advising on post-divorce parenting strategies, we are dedicated to ensuring you and your child transition smoothly into the next chapter of your lives.

Why Choose Levoritz Law for Child Custody Proceedings in New York?

Our New York child custody lawyers have extensive resources and skills to help you achieve a favorable outcome that is in your child’s best interests. Here’s what you get when you work with our team:

• Proficiency in New York family law: We have a deep understanding of New York family law, meaning you benefit from knowledgeable and experienced representation.
• Tailored legal strategies: We develop customized strategies that reflect your family's unique needs, focusing on the best outcome for your child.
• Compassionate support: We recognize the emotional complexities of custody disputes, and our approach is rooted in compassion and understanding.
• Open communication: We’ll keep you informed and involved, making sure you understand every step of the legal process.
• Comprehensive representation: From negotiation to court proceedings, we offer full-spectrum legal services tailored to child custody matters.
• Dedication to your family’s future: Every child custody dispute is unique — we will advocate for you to ensure a fair custody arrangement that meets your specific goals and is right for your child.

At Levoritz Law Firm, we combine legal acumen with a personal touch, guiding you through this challenging time with professionalism and empathy — and always with your family’s best interests at heart.