Guiding Clients Through Complicated Custody Disputes

If your family is experiencing a significant change, such as a divorce or legal separation, your primary concern is likely how it will affect your children. Fortunately, most people in the New York family law system — including family court judges and family law attorneys – do everything possible to protect the best interests of the children involved in their cases. Having a caring legal professional advocating for you and your children throughout your child custody case in the Bronx can make a big difference in your results, so we invite you to contact the Law Offices of David Bliven for legal representation.

Our skilled legal team thoroughly understands New York family law and would be happy to guide you through the family court process until you reach a child custody agreement that you feel is in the best interests of your child. If you’re ready to speak with a Bronx child custody lawyer who will give you peace of mind from the beginning to the end of your case, call our New York law firm today.

What Custody Arrangements Are You Seeking?

It’s a good idea to know what your child custody options are and what arrangements you plan to pursue before your case begins. Similar to other states, New York courts require parents to reach an agreement on both physical custody and legal custody (if an agreement can’t be reached, then a trial must be held).

Physical custody refers to which parent the child lives with, which is why it’s often also called residential custody. The parents can share physical custody, in which case the child lives with each parent part of the time, or one parent can seek sole custody so the child lives with them. If you are granted sole custody, the other parent will likely be granted visitation rights, allowing them to see the child on a regular or occasional basis, as outlined in the agreement you work out.

The other type of child custody in New York is legal custody (a/k/a joint custody), which refers to who makes significant decisions regarding how the child is raised. Some examples of the details you’ll decide on with legal custody include their religious upbringing, education, and healthcare. Bronx Family Court Judges often encourage both parents to share in this decision-making duty, so joint custody of this kind is common. However, you can pursue sole custody if the other parent does not have the interest or ability to help you make important decisions.

A skilled Bronx child custody lawyer can advise you on whether you should seek sole or joint custody when it comes to legal and physical custody of your child. They can then help build your case so you have the best chance of getting the desired outcome, which should be a custody arrangement that’s in the best interests of your child. Call our Bronx family law firm today to discuss your New York child custody case with a knowledgeable attorney.

What Do Family Court Judges Consider Before Approving Child Custody Agreements?

Your goal should be to negotiate a child custody agreement that the Bronx Family Court Judge is likely to approve as soon as possible. This means it must be clear the child custody arrangement you’ve proposed is in the best interests of the child. Otherwise, it will be rejected, at which point you’ll have to work with your child’s other parent to create a new plan or risk the Judge making one for you.

As you decide whether to seek sole or joint custody, you should know the factors the court will consider before deciding on your case. They include:

• Each parent’s ability to meet the physical and emotional needs of the child
• Which parent was the primary caregiver before the divorce or separation
• Any history of child abuse, domestic violence, or neglect by a parent
• Each parent’s physical and mental health
• Each parent’s ability to offer the child a stable environment
• Which parent’s home would allow the child to continue their relationships with siblings, grandparents, and other loved ones
• The proximity of each parent’s home to the child’s school, church, and friends
• Each parent’s willingness to co-parent with the child’s other parent
• Any preferences the child has, assuming they’re old enough to communicate them

If you believe your home would be the best option for your child based on these factors, you should reach out to experienced attorneys for help with the legal process of proving this. A skilled Bronx child custody lawyer from our firm can help collect the evidence necessary to show the family court that granting you physical custody is in the best interests of your child. Call our office today to speak with a child custody lawyer who has a deep understanding of how to secure your parental rights and is eager to guide you through the entire process.

Can Child Custody Orders Be Modified?

Family Court Judges understand your circumstances can change over the years, sometimes necessitating a change to your child custody agreement. That’s why it is possible to request a modification of your custody court order, but you should be prepared to prove a few elements before any changes are granted in court.

First, if you and your child’s other parent can agree on the changes you have in mind, you can ask the Judge to change the order. As long as the modification seems reasonable and considers the child’s well-being, the Judge will likely approve the change.

That being said, parents often struggle to agree on any changes, especially if the existing arrangement has been working well for one party. If this is the case for you, you’ll have to file a motion in court and prepare to prove that you’ve experienced a substantial change in circumstances and that modifying the child custody order is in the best interests of your child

Some examples of substantial life changes include:

• One of the parents plans to move to another state, such as relocating for work
• The custodial parent has been working more hours or traveling for work, resulting in less time with their child
• The custodial parent has remarried or started cohabiting with a new partner, and the situation may be unsafe for the child
• The noncustodial parent is now able to provide a safe environment for their child and wants more time with them
• The custodial party is no longer able to provide a stable family home for the child due to a drug or alcohol addiction, mental health issues, or physical health problems, such as long-term illness or injury
• violations of access time and/or alienation

These are some of the most common reasons parents might request a modification of child custody orders. If these or other situations have recently occurred, prompting you to want to change your child custody agreement, you should contact a Bronx child custody lawyer as soon as possible.

Experienced lawyers have the legal knowledge necessary to show the court why the current custody arrangements no longer promote your child’s well-being. They know how to find solid evidence of this and present a persuasive case to the family court to get you the best possible results. Call our New York law firm today to learn more about how a trusted Bronx child custody lawyer can help you modify your custody arrangements.

How Can a Bronx Child Custody Lawyer Help Your Case?

At the Law Offices of David Bliven, we understand how critical it is for parents to know their children are safe, happy, and well cared for at all times. That’s why we work tirelessly to achieve custody arrangements that make the child’s well-being a top priority, whether that means joint custody or sole custody with visitation.

When you come to us for legal advice on your New York custody case, we’ll carefully review the circumstances before strategizing an effective approach to the legal process. If you have questions or concerns about your available custody options, child support calculations, custody modifications, or other common issues that parents face, you can rely on our team for answers. Call 917-938-7827 to speak with a Bronx child custody lawyer about your New York custody case.