Navigating child custody lawyer nyc can be complex, but understanding the process and knowing how a lawyer can assist you can make a significant difference. Here's a comprehensive guide to help you through the journey.
Understanding Child Custody in NYC
What Is Custody?
In New York, custody refers to the legal responsibility for a child's care and upbringing. There are two main types:
Legal Custody: The right to make significant decisions about the child's life, such as education, healthcare, and religious upbringing. This can be joint (shared by both parents) or sole (held by one parent).
Physical Custody: Determines where the child lives. It can also be joint (the child lives with each parent for an equal amount of time) or sole (the child lives primarily with one parent).
New York State Unified Court System
Filing for Custody
To initiate a custody case, a parent, grandparent, or someone with a substantial relationship to the child can file a petition in Family Court. The child must have resided in New York State for at least six months before filing. There are no filing fees in Family Court.
The Court Process
Mediation: Before a hearing, the court may refer parents to mediation, a voluntary and confidential process where a neutral mediator helps parents reach an agreement on custody and visitation.
Hearing: If mediation doesn't resolve the issue, a hearing is held where both parents present evidence. The judge may appoint an attorney to represent the child and may order a custody evaluation.
Decision: The judge makes a decision based on the child's best interests, considering factors like the child's safety, emotional needs, and the parents' ability to provide for the child.
The Levoritz Law Firm
How a Lawyer Can Assist You
Hiring a child custody lawyer nyc offers several benefits:
Expertise in Local Laws: A lawyer familiar with NYC's family courts can navigate the legal complexities and procedural requirements.
Advocacy: They will advocate for your parental rights and the best interests of your child, ensuring your voice is heard.
divorceattorneynewyorkny.com
Negotiation: Skilled lawyers can negotiate custody agreements, aiming for amicable resolutions that minimize conflict.
Representation: In contested cases, a lawyer will represent you in hearings and trials, presenting evidence and arguments effectively.
Additional Resources
Family Legal Care: Provides legal information and advice to unrepresented litigants in NYC's Family Courts.
Wikipedia
Her Justice: Offers free legal services to low-income women, focusing on custody cases and other family law matters.
Glamour
NY CourtHelp: Offers guides and resources on custody and visitation matters.
If you need assistance finding a qualified child custody lawyer in NYC or have specific questions about the process, feel free to ask!
