Long Island Child Custody & Support
The Thomas Weiss & Associates law firm is centered on cases involving family law. Our areas of practice of Family and Divorce Law include; child custody, child support, spousal support, visitations, relocation, mediation, same-sex divorce and separation agreements.
Child support is calculated using a percentage of the combined parental income. While this may seem straightforward, it is not always this simple. Income issues need to be carefully scrutinized to determine the amount of child support a spouse may be entitled to. Our experience allows us to take a close look at your financial circumstances and provide you with advice and representation tailored to your circumstances.
Call our team today for a free consultation.
The Difference Between Sole Custody and Joint Custody
When we meet with potential clients for the first time, they often ask us to pursue sole custody. There is a common misconception that New York courts will impose either joint custody or sole custody on parents. New York courts typically do not impose joint custody on parents, particularly when there is an ongoing conflict between them.
In a joint custody arrangement, the parents have the opportunity to jointly agree on issues related to the education, religion, health, and welfare of the child. Courts will only impose joint custody when the co-parents have an amicable relationship and they can communicate effectively in matters that affect their children.
When parents are not on amicable terms, imposing joint custody often results in more conflict and disagreement. In most cases, New York courts will choose one parent to be the sole decision-maker. That person is said to have legal custody of the child.
Taking Child Custody Cases to Trial
At Thomas Weiss & Associates, we try to help our clients come to an agreement with their co-parent in order to avoid litigation. Yet, in some cases, litigation is the best option. Our lawyers try to only take those cases to trial that require litigation. Before we take your case to trial, we will work hard to negotiate an amicable resolution that satisfies your desires and your family’s needs.
Our family law attorneys will do whatever it takes within the law to pursue the best result in your case, including taking it to trial. Our lawyers are trial-ready and have an in-depth knowledge of family court procedures in New York. We are prepared to present evidence on your behalf and advocate for the best outcome for you and your child.
What to Expect in Your Child Custody Matter
When we meet with our clients, we try to set realistic and reasonable expectations with them about the outcome of their case. In some cases, we need to conduct an investigation. We work with a team of experienced private investigators who can uncover important information relevant to the co-parent’s lifestyle and habits. In other cases, we may need to ask a trained psychologist or qualified social worker to evaluate the child or co-parents’ mental health and provide a home evaluation. We have developed a vast network of experts in the New York area to support our clients.
Which Parent Will Get Child Custody?
When our clients meet with us for the first time, they sometimes have preconceived notions about who will get custody in their case. If they are a father, they might assume that they will not get custody of their child. However, just because a parent is a mother does not mean that they will automatically get custody. In New York, judges look at various factors when determining how to decide child custody matters.
Judges have a wide amount of discretion when it comes to child custody matters. That is why it is essential that you work with an experienced family law attorney who will help you present evidence that you are a skilled and empathetic parent who should have custody of your child. If you are currently a non-custodial parent, we will advocate for your right to have as much parenting time as possible. We believe that parents have a right to be involved in their child’s life, and we use our legal skills to advocate on behalf of our clients.
Common Legal Issues Related to Child Custody
Various legal issues can arise during child custody matters. At Thomas Weiss & Associates, our experienced family law attorneys have successfully helped parents in all of the following child custody related matters:
- Request for moving, relocation, and international custody issues
- Enforcement of a visitation agreement by a non-custodial parent
- Modification of an existing parenting plan by a custodial or non-custodial parent
- Grandparents seeking visitation rights with their grandchildren
- Modification of a visitation schedule buy a parent with primary or full custody
- Protecting the parenting rights of same non-biological parents in same-sex couples
Emergency Applications for Child Custody in New York
In some cases, parents need to seek emergency temporary child custody. Perhaps one parent has become seriously ill, or you are worried that your co-parent will take your children out of state. Courts will allow emergency temporary child custody orders in the following types of emergencies:
- You are concerned that your ex will relocate with your child without the court’s consent and without your permission
- You notice signs of neglect or physical or emotional abuse by your co-parent
- Your child is in imminent danger while under the co-parent’s care
Contact a long island Child Custody Lawyer Today
Whether you are considering filing for divorce in New York and you are concerned about child custody matters, or you would like to modify your child custody order, we can help. The experienced New York divorce lawyers at Thomas Weiss & Associates have a proven track record of success in representing clients in child custody matters. We understand that our children are critical, and we will advocate strongly for you and your child’s best interest. Contact us today to schedule your initial consultation.
Guide to Custody Arrangements:
The following custody arrangements may be an option for you.
Sole custody — One parent is exclusively in charge of the health, education, and welfare of the children, with no obligation to consult with the other parent. However, if the custodial parent makes poor decisions, he or she risks losing custody.
Joint custody — Parents share equally in all custodial responsibilities.
Shared custody with spheres of influence — This joint custodial responsibility recognizes one parent’s special reasons to be responsible for certain issues — for example, one parent may have the final choice in the child’s medical decisions, while the other makes educational decisions.
Residential custody to one parent, with joint legal custody to both — One parent houses the child (the other is generally allowed visitation), but both share in decision-making. Examples of modifications include giving the residential parent the final say and having a neutral parent coordinator mediate decisions.
Seeking custody for the safety of the child
Though some custody battles erupt when one parent exploits the children to hurt his or her ex, there are times when a parent truly believes the children are in danger while in the care of the other. Then there is no alternative to seeking custody for the safety of a child.
We pride ourselves in giving our clients the best possible result, together with the personal attention they require throughout this difficult time in their lives.
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