Child Custody We are here to answer your pressing questions about your custody arrangements as well as to speak about any other family law and divorce issues you may have.
If you and your spouse are able to come to agreement regarding custody of your children in the event of a separation or divorce, you can outline these terms in a custody agreement. This contract should provide a detailed outline of you how major decisions are to be made for your child and the parenting access, including what holidays, birthdays, vacations and other events the children would spend with each parent.
However, if you and your spouse are unable to agree about custody, you may have to involve the court to help you resolve your custody dispute. Some couples may also find mediation or collaborative law helpful to work out conflicts. If you still cannot come to agreement, the courts will make a final custody ruling based solely on the best interests of the child.
Here are the common factors considered:
Today, many judges strive to award equitable joint custody when possible, to give each parent significant parenting time with their child.
New York City courts grant two types of custody – legal and residential. They are different in nature and will not necessarily both be awarded to one parent. Legal custody means making the major decisions about a child’s education, health and religion.
Residential custody pertains to the schedule of when the children will be with each parent. The parent who has the child with him or her more nights than the other will be the parent with primary residential custody. The court will dictate the parenting schedule based on the best interests of the child (or children).
Even in joint custody situations, one parent still has to pay child support, as laid out by the New York Child Support Standards Act. Typically, the non-primary custodial parent pays support to the primary custodial parent. In cases where there’s an even split of time between both parents, the parent with the higher income is generally considered the non-custodial parent for the purposes of child support. Your New York divorce attorney can explain more.
Your child custody order (as well as a child support or spousal maintenance order) can be changed. However, you must do it properly and legally. You may find, sometime down the road, that your child custody order no longer fits your or your child’s life circumstances. In cases like these, you may need to file for a child custody modification order. When you have a substantial change in life circumstances, consult with our lawyers at Berkman Bottger Newman & Schein LLP to find out the best options for your child.
Depending on the terms of your child custody agreement, your ex-spouse may be in violation of your legal contract if they move out of state. Your divorce decree should have the terms of your custody agreement defined and, if one parent is planning a significant move, may need to be modified. If you or your ex-spouse want to relocate, contact your attorney as soon as possible.
Common reasons that may justify relocation include:
Parents across the nation are currently grappling with how to handle parenting arrangements in such a radically changed world. Perhaps you live in a state or city that has instituted a “stay in place” order, as New York has. Perhaps you live with an elderly or immunocompromised relative, or are yourself at high risk if you contract COVID-19. How does this effect your current custody and parenting arrangements?
Each case is going to be different. With the New York courts currently limited only to emergency applications, guidance from judges may be difficult to obtain. Our family law attorneys are here for you in these uncertain times. We are staying abreast of all legal developments concerning coronavirus in New York. If you have questions or concerns about your custody arrangements, contact our firm. Our attorneys remain available for phone and video consultations, to answer your urgent questions about how to best protect and parent your children in this truly incredible time.
We invite you to read our attorneys’ thoughts on co-parenting, divorce, and other matrimonial and custodial issues:
If you and your spouse are able to come to agreement regarding custody of your children in the event of a separation or divorce, you can outline these terms in a custody agreement. This contract should provide a detailed outline of you how major decisions are to be made for your child and the parenting access, including what holidays, birthdays, vacations and other events the children would spend with each parent.
However, if you and your spouse are unable to agree about custody, you may have to involve the court to help you resolve your custody dispute. Some couples may also find mediation or collaborative law helpful to work out conflicts. If you still cannot come to agreement, the courts will make a final custody ruling based solely on the best interests of the child. Today, many judges strive to award equitable joint custody when possible, to give each parent significant parenting time with their child.
New York City courts grant two types of custody – legal and residential. They are different in nature and will not necessarily both be awarded to one parent. Legal custody means making the major decisions about a child’s education, health and religion.
Residential custody pertains to the schedule of when the children will be with each parent. The parent who has the child with him or her more nights than the other will be the parent with primary residential custody. The court will dictate the parenting schedule based on the best interests of the child (or children).
Even in joint custody situations, one parent still has to pay child support, as laid out by the New York Child Support Standards Act. Typically, the non-primary custodial parent pays support to the primary custodial parent. In cases where there’s an even split of time between both parents, the parent with the higher income is generally considered the non-custodial parent for the purposes of child support. Your New York divorce attorney can explain more.
Your child custody order (as well as a child support or spousal maintenance order) can be changed. However, you must do it properly and legally. You may find, sometime down the road, that your child custody order no longer fits your or your child’s life circumstances. In cases like these, you may need to file for a child custody modification order. When you have a substantial change in life circumstances, consult with our lawyers at Berkman Bottger Newman & Schein LLP to find out the best options for your child.
Depending on the terms of your child custody agreement, your ex-spouse may be in violation of your legal contract if they move out of state. Your divorce decree should have the terms of your custody agreement defined and, if one parent is planning a significant move, may need to be modified. If you or your ex-spouse want to relocate, contact your attorney as soon as possible.
Parents across the nation are currently grappling with how to handle parenting arrangements in such a radically changed world. Perhaps you live in a state or city that has instituted a “stay in place” order, as New York has. Perhaps you live with an elderly or immunocompromised relative, or are yourself at high risk if you contract COVID-19. How does this effect your current custody and parenting arrangements?
Each case is going to be different. With the New York courts currently limited only to emergency applications, guidance from judges may be difficult to obtain. Our family law attorneys are here for you in these uncertain times. We are staying abreast of all legal developments concerning coronavirus in New York. If you have questions or concerns about your custody arrangements, contact our firm. Our attorneys remain available for phone and video consultations, to answer your urgent questions about how to best protect and parent your children in this truly incredible time.
We invite you to read our attorneys’ thoughts on co-parenting, divorce, and other matrimonial and custodial issues:
