Unfortunately, sometimes parents are unable to work out reasonable, amicable parenting arrangements out of court. When this happens, custody litigation ensues. Under the law in New York today, both parents technically have equal rights to custody of their children.
Many parents who come into my office have the misconception if the parents don’t agree on who gets custody, the courts will order joint custody of the children. This is not the case. Joint custody arrangements work out much better when the parents can amicably discuss health, education and other issues involving the welfare of their children. The courts will generally not order joint custody if there is a hostile relationship between the parents.
Custody legal problems should only be brought to trial when all other options fail. Child custody litigation is emotionally taxing and expensive. The courts will usually appoint an attorney to represent the child or children. The courts may order each of the parties to contribute towards the cost of paying the legal fees for the child or children’s lawyer.
When negotiations fail, our office aggressively litigates custody proceedings. We have extensive experience in representing clients in child custody/visitation proceedings in both the Family Courts and the Supreme Courts. We litigate numerous custody cases each and every year.
The Custody Case
Child custody litigation may require the use of forensic psychologists, private investigators and other experts to prove one of the parents is the superior parent to obtain custody of the children.
Emergency Custody Proceedings
Sometimes it is necessary to bring an emergency proceeding for temporary custody of the child or children. Examples of situations where this is required may involve situations where there are indications the child is being neglected or abused by the other parent, or individuals residing with the other parent, or individuals who frequent the premises maintained by the other parent. Immediate emergency proceedings are required when a child is in danger related to medical conditions, physical problems or psychological issues while in the custody of the other parent.
Sometimes one parent decides they are going to move away from where they currently live without an agreement with the other parent or an order from the Family Court or Supreme Court. This is another case where an emergency custody proceeding can be brought to prevent the unauthorized relocation of a child.
Children are the ultimate, important things in parents’ lives. Custody issues, parenting issues, and/or visitation issues are much more complicated than most parents realize. Utilizing a law firm with more than three decades of experience in dealing with these issues is the best way to protect your rights and ensure an outcome which meets your expectations, needs and the best interests of your children!