Child Custody Lawyers
Your Trusted Advocates for Child Custody Battles.
If you divorce or separate from your kid’s other parents, you may face some difficult and emotional decisions, including child custody arrangements. If the separation is contentious, negotiating a reasonable child custody arrangement might be tough. The court will make judgments about child custody in the best interests of the child. You should obtain professional legal guidance.
At Sunshine Isaacson & Hecht, LLP, a New York and Connecticut Law Firm, our attorneys have assisted local families in navigating child custody complications in New York and Connecticut State. We recognize that each family’s situation is unique, and we are dedicated to delivering practiced legal assistance tailored to your specific requirements.
How Sunshine, Isaacson & Hecht, LLP Can Help with Your Child Custody Case
When parents disagree about custody of their children, it can be very difficult. This is where the experienced attorneys at Sunshine Isaacson & Hecht, LLP, a New York Law Firm, can assist in simplifying the process.
Sunshine Isaacson & Hecht, LLP, is committed to advocating for parents who are committed to ensuring the well-being of their children. You will receive the advantages of our law firm’s extensive experience and a team of attorneys who are fervently committed to pleading for your family.
Types of Child Custody
Joint Legal Custody
Sole Legal Custody
Shared Residential or Physical Custody
Sole Residential or Physical Custody
As your child custody case progresses, we will:
Create a parenting plan that prioritizes your child's health, safety, and general well-being while reflecting the greatest feasible custody arrangement.
Promote the use of non-adversarial methods, such as mediation and negotiation, to settle your child custody dispute.
Handle conversations and negotiations with the other parent’s attorneys or counsel.
Prepare to argue your case before a family law judge, if necessary.
Our mission is to support you through this trying time and make sure that what comes out is in your child's best interest. We will support you at every stage, whether that entails arguing for sole custody or settling on the parameters of shared parental responsibilities.
For additional information, contact our New York attorneys at (516) 352-2100.
In New York, Child Custody Involves Three Key Aspects: Legal Custody, Residential Custody, and Parenting Schedule
Legal custody refers to which parent(s) have the legal authority to make significant decisions about their child’s life. These decisions can affect a child’s education, healthcare, medical treatment, living situation, etc. Legal custody can be joint (shared by both parents) or sole (held exclusively by one parent).
Residential or Physical Custody refers to where the child or children primarily reside. This significantly affects what school district the children attend, which parent receives child support, and how much. Like legal custody, residential and physical custody can be shared or sole. In shared custody scenarios, one parent typically has primary custody of the child, while the other will have visitation rights.
Parenting Schedule pertains to which parent(s) has the right to spend time with their child(ren) and when.
Each of these categories operates fairly independently and if we are negotiating out-of-court, we can come up with a plan for all three that works best for you and your family. When we make agreements, we can get creative and create outcomes that Judges are not permitted to.
How Do New York and Connecticut Courts Determine the Best Interests of a Child?
Generally, both parents have equal rights when it comes to their children. However, a child’s well-being is more important than a parent’s right to be present in their Child’s life.
When parents cannot agree on parental responsibility or custody, a court will intervene and ensure that a custody agreement reflects the best interests of the child.
Under New York and Connecticut law, several factors can be considered when determining those interests:
The role each parent played in their child’s life before the separation: The court will look at the involvement and the emotional bond each parent has built with the child.
The amount of time each parent spent with the child prior to the separation: Consistency and stability in the child’s life are crucial, and the court will consider which parent has been more involved in daily activities.
Each parent’s capacity to maintain a close parent-child relationship:
The ability and willingness of each parent to nurture a positive relationship with the child are critical.
Familiarity with the child’s life and daily routine:
This includes understanding the child's social circle, school life, and extracurricular activities.
Plans for childcare responsibilities:
Whether the parent intends to personally care for the child or outsource these responsibilities will be considered.
Living situation of each parent:
The safety, stability, and suitability of each parent's home environment are key factors.
Physical and mental health of each parent:
The general health conditions of each parent and their impact on the child's well-being are considered.
Financial ability to provide for the child:
Each parent's capability to meet the child's financial needs is evaluated.
History of abuse or domestic violence:
Any records of abuse or violence significantly influence custody decisions.
The developmental needs of the child:
The safety, stability, and suitability of each parent's home environment are key factors.
Can a child’s personal preferences be considered when determining what custody arrangement is in their best interests? Yes, as long as the child has the intelligence, understanding, experience, and maturity to make such a decision. There’s no specific age requirement. Instead, a judge will consider a child’s preferences in the context of their overall development. The more mature the child is, the greater weight their preference is given.
What Is a Parenting Plan
In New York and Connecticut, a parenting plan, also known as a custody agreement, is a legal document that outlines each parent’s obligations and rights in relation to time-sharing and parental responsibilities.
You might need to set up a parenting schedule or time-sharing agreement when you draft a parenting plan. In New York and Connecticut, time-sharing rights are roughly equal for many parents with joint custody agreements. Judges may grant one parent greater time-sharing privileges than the other in certain situations. For the child’s safety, a judge may suspend time-sharing privileges or mandate supervised visitation if they discover evidence of domestic violence, abuse, neglect, or abandonment.
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A proposal for parental responsibility that outlines each parent’s right to make significant decisions for their child, including those related to their health, religion, education, and legal matters, should also be included in your parenting plan. New York and Connecticut courts support shared parental responsibility, much like parenting time. Even in cases where parents share time about equally, one of them is typically referred to be the custodial parent, and they are the ones with the last say over matters pertaining to the child, regardless of the noncustodial parent’s disagreement.
If you and your child’s other parent reach an agreement on a parental responsibility and time-sharing arrangement, you may develop a single parenting plan and submit it to the court. It is possible that you will require the assistance of a mediator in order to finalize an agreement. The court will evaluate your parenting plan based on the following:
A clear plan for how daily parenting tasks will be shared.
A plan for when the child will live with and visit each parent.
A legal address where the kid can go to school and do other things.
The name of the parent who will have custody of the kid.
Common Types of Parental Responsibility (Child Custody)
There are several key types of parental responsibility (child custody) arrangements in New York and Connecticut:
Joint Legal Custody:
In this arrangement, both parents share decision-making rights on major issues like education, healthcare, and religious upbringing. Even if one parent has primary physical custody, collaboration on important decisions is required. To avoid decision-making paralysis during disagreements, it’s wise to designate a “tiebreaker” parent or use parenting coordinators.
Sole Legal Custody:
In some cases, one parent is given sole authority to make major decisions about the child's life, either by mutual agreement or court decision due to issues like domestic violence or neglect. Even with sole custody, the parent making decisions must sometimes keep the other parent informed to ensure they remain updated on important aspects of the child's life.
Shared Residential Or Shared Physical Custody:
This only works where the parents can co-parent well and where they reside close to each other. The effect that it has on school district attendance and child support varies from case to case. The Courts rarely if ever not award shared residential or shared physical custody – this is typically reserved for only the most amicable parents.
Sole Residential or Physical Custody:
The child resides primarily with one parent, typically meaning that the child goes to school in that parent’s school district.
Each of these arrangements is designed with the child’s best interests in mind, prioritizing their emotional, physical, and developmental needs.
What Are the Factors Considered in Shared Parenting in New York and Connecticut?
When judges decide whether to approve a shared custody order in New York and Connecticut State, they typically look at the following factors with regard to how they will affect the child:
Each parent’s willingness to encourage a parent-child relationship between the child and the other parent:
This type of arrangement grants one parent the exclusive right to live with the child. It is less common and usually implemented in circumstances where the other parent may pose a risk to the child’s safety or well-being. This does not absolve the non-custodial parent from their responsibility to pay child support.
Each parent’s ability to meet the child’s basic needs:
This includes providing adequate food, shelter, clothing, and medical care
The physical and mental health of each parent:
Any physical or mental health issues can impact a parent's ability to care for the child.
The moral fitness of each parent:
The court evaluates each parent's moral character and how it affects their ability to raise the child.
Each parent’s ability to provide a consistent routine:
Stability and consistency are crucial for a child’s development, and judges look at whether each parent can maintain a reliable routine.
The geographical practicality of the custody plan if the parents live in separate cities:
The feasibility of shared custody depends on the distance between the parents' homes and the child’s school.
The child’s preferences, if they are mature enough:
How the child will adjust to different homes or communities: The court considers the child’s adaptability to moving between homes and how it impacts their daily life.
The child’s age, abilities, and developmental needs:
Each child's unique needs and stage of development are considered to ensure the custody arrangement supports their growth.
Other relevant factors, such as evidence of domestic violence:
Any history of abuse or domestic violence is a critical factor in custody decisions.
These factors ensure that the child's best interests are prioritized in any shared parenting arrangement.
What Is the Age Group Most Affected by Child Custody Agreements?
Children of all ages are affected by divorce, separation, and custody arrangements to some degree. However, children of different age groups have different needs. It’s important to develop custody agreements accordingly. For instance:
Infants less than 12 months require consistent schedules to maintain stability and are usually better off living with one parent and having frequent visits with the other.
Toddlers between one and three can handle changes more easily, so overnight stays with noncustodial parents are possible but should still follow consistent schedules to avoid emotional upset.
Children between four and 11 have busier schedules, needing more flexible custody arrangements to accommodate school trips, extracurriculars, and play dates.
Teens between 12 and 17 typically keep the same custody arrangements but may crave more flexibility and freedom, sometimes asking for new living situations that offer greater independence.
Children of all ages are affected by divorce, separation, and custody arrangements to some degree. However, children of different age groups have different needs. It’s important to develop custody agreements accordingly. For instance:
How Do Determine Custody and Modifications Later?
The child's security is in hazard.
One parent disobeys the existing directive.
The child's requirements vary greatly.
One parent is not fit morally.
One parent is moving to a different place.
One parent receives a noticeably different employment.
The Rights of Grandparents or Relatives in Child Custody
Grandparent visitation cases are very difficult because grandparents have a much higher burden to prove that they meet certain elements before they might be entitled to custody. Typically, if both parents are able to spend time with the child(ren), grandparents can spend time with the children during the parent’s parenting time. However, if the parent is not available, and the grandparents previously established a relationship with the child, then grandparents may have certain rights if it is in the children’s best interests to visit with them.
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The child is no longer under the parent's custody, and the requested visitation is in the child's best interest.
Custody rights are granted to grandparents and other relatives only in exceptional cases where it is in the child's best interest, as follows:
The parent has been declared unfit by the court. - The parent is a threat to the child.
If you require a child custody counsel in New York and Connecticut with extensive experience, look no further than our firm. To arrange a consultation with our family lawyers, please contact us via phone or online.
Schedule a Consultation with Our Experienced Child Custody Attorneys
If you need an experienced New York and Connecticut child custody lawyer, look no further than our firm. Give us a call or contact us online to schedule a consultation with our family lawyers.
Table of Contents
- How Sunshine Isaacson & Hecht, LLP Can Help with Your Child Custody Case
- In New York and Connecticut, Child Custody Involves Two Key Aspects: Legal and Physical.
- How Do New York Courts Determine the Best Interests of a Child?
- What Is a Parenting Plan
- Common Types of Parental Responsibility (Child Custody) in New York and Connecticut
- What Are the Factors Considered in Shared Parenting in New York and Connecticut
- What Is the Age Group Most Affected by Child Custody Agreements?
- How Do New York and Connecticut Courts Determine Custody and Modifications Later?
- The Rights of Grandparents or Relatives in Child Custody
- Schedule a Consultation with Our Experienced New York and Connecticut Child Custody Attorneys
Schedule a Free Consultation
Get A Free Case Evaluation
Secure Your Child’s Future with Professional Legal Guidance – Trust Our Child Custody Specialists!
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Testimonials
Whoever said Money Can't Buy Happiness has never paid for a Divorce! Jason Isaacson has represented me vigorously and diligently in my hotly contested divorce. This was a litigated matter and was resolved in a tad over one year. That is really quick for any litigation, let alone a matrimonial matter that was fought on every issue. Not only was he aggressive in moving this case forward, we WON every time we went to Court! I got exclusive use and occupancy of my home! I got my car back that my ex-wife stole. I got back all the money I invested into my marital home. I have also referred many clients to Jason for matrimonial, child support and contested divorce and he wins for them too! Every client I have referred has been very happy. For my clients who are lovers and not fighters, I refer the to Jason Isaacson for mediation. As difficult as divorce is, I am the happiest I have been in my life and appreciate everything Jason has done ❤️
FAQ
What Rights Do Grandparents Have to Seek Custody of Their Grandchildren?
Grandparents have the right to petition the court for custody if they can demonstrate that it would benefit the child’s welfare and safety.
How Can Grandparents Petition for Custody or Visitation Rights?
Grandparents can file a petition with the family court in the jurisdiction where the child resides, outlining why their custody or visitation is in the child’s best interest.
Under What Circumstances Can Grandparents Gain Custody?
Grandparents may gain custody if it is determined that the child’s parents are unfit or unable to care for the child, or if it is in the best interest of the child due to unique circumstances such as neglect or abuse.
What Factors Do Courts Consider when Deciding on Grandparents' Custody?
Courts evaluate factors such as the child’s relationship with the grandparents, the child’s best interests, the existing relationship with parents, and any evidence of neglect, abuse, or unsafe conditions.
What Should Grandparents Do if They Believe Their Grandchild is in Danger?
Grandparents should contact local authorities or Child Protective Services immediately and consult an attorney to explore filing for custody to protect the child.
What is the Process for Filing for Custody?
The process involves filing a custody petition in family court, attending court hearings, and presenting evidence to support why gaining custody is in the child’s best interest.
Can Grandparents Seek Custody if The Parents Are Still Together?
Yes, but grandparents would need to demonstrate that the parents are unable to provide a safe and stable environment for the child.
How Do I Enforce a Custody Order if The Other Party is Not Complying?
If the other party is not complying with the custody order, grandparents can file a motion for enforcement in family court. The court may impose penalties on the non-compliant party.
Can Grandparents Get Financial Support if They Obtain Custody?
Yes, grandparents who obtain custody can seek child support from the parents or apply for public assistance to help provide for the child.
How Does Domestic Violence Impact Custody Decisions?
Domestic violence is a critical factor in custody decisions. If there is evidence of violence, courts prioritize the child’s safety and may grant custody to grandparents or another safe guardian.
Absolutely thrilled with the exceptional service I received at SIH. From start to finish, they guided me through a complex legal issue with professionalism and care. Highly recommend to anyone in need of expert legal assistance!