Brooklyn, New York
For parents who are cooperative, capable of raising their children, and eager to co-parent, sharing parental rights and obligations works best. However, in some situations, primary or exclusive custody may be more appropriate for one parent. The child custody lawyers at Tully Rinckey can help you assess your case and settle any custody disagreement.
When it comes to resolving your divorce disputes, things only grow more complicated when there are children involved. One of the most important questions that will arise during these discussions is who should have custody of the children, or more simply put, who should be the primary caregiver for them?
Tully Rinckey PLLC’s Brooklyn child custody attorneys are here to assist you throughout this process and make sure your rights and interests are being upheld as a parent. With the vast amount of collective family law experience throughout our firm, we understand the unique challenges you will or may be faced with when it comes to seeking child custody rights for children of all ages.
When you retain our services, you can expect professional lawyers to work with you to find solutions so that you may continue to raise your children while shielding them from the dispute at hand. When it comes to custody, our Brooklyn child custody lawyers understand what matters are most important before the court. We will listen to your goals and work with you to portray yourself in the best possible light before the court.
Physical custody, or who the children will reside with, relates to where they spend most of their time. Legal custody refers to making important life decisions for the children’s lives, such as schooling, religious affiliation, and medical care. Physical and legal custody can be shared, sole, or a combination of the two, depending on a number of criteria. When physical custody is not shared, the parent who does not have “primary physical custody” (also known as the non-custodial parent) is usually permitted court-ordered visitation or parenting time with the child, unless there are concerns about the child’s well-being.
The custody arrangement will be taken into account by the court for assessing support responsibilities, although it is not the only deciding element. Whether or not a parent has sole or shared physical custody of the child, they may still be compelled to make support payments. The court will first look at pertinent elements as outlined in the rules of the relevant jurisdiction. The custody arrangement, each parent’s income, and the cost of each parent and the child will all be taken into account by the court when determining each parent’s support obligations. Support orders might specify who is in charge of providing health insurance for the child and who is liable for paying for any medical costs that are not covered by insurance.
A support order may also include obligations for the child’s schooling. Similar to custody agreements, if one parent’s income or living situation changes, the other parent can ask the court to modify the support order, or both parents can agree to do so.
To learn more about child support obligations and how we can help plan out your child support orders, reach out today or visit our Brooklyn child support law webpage.
To alter a court order, such as a parenting plan, parenting time schedule, or child support award, you have two options: negotiate on changes with the other parent or seek the court to rule on disputed changes. In either case, the court will only change orders in specific situations. First and foremost, any change must be in the best interests of the children.
When drafting your parenting plan, be sure to take into account any changes to eliminate the need for updates. Parents of a toddler, for instance, can incorporate a new schedule for the child’s entry into school.
In general, the courts will only modify existing agreements if a family can demonstrate a major change in circumstances, such as:
If evidence indicates that the current orders do not adequately satisfy the needs of the children, some courts do not need a change in the circumstances. For parents who concur on a modification, restrictions might be less onerous than for parents who don’t.
Most child custody agreements will first stipulate that parents must stay in a specific geographic area, such as the Brooklyn borough or Greater New York City. The court will consider the grounds for the planned relocation, the relationship between the child and both parents, the influence of the relocation on the child’s future, and how lifestyles might change following such a transfer before making a decision about longer distances.
Some states have laws stating that adequate notice must be given and that the other parent must expressly approve before a kid is moved. If the other parent objects to the relocation, and without the court’s approval, it is illegal for one parent to unilaterally move a kid to another state under New York law. After a long-distance move, a judge can rule that a child can live with one parent during the school year and the other parent during the summers, or that there needs to be more frequent phone, text, or video chat communication. However, regardless of their physical location, both parents will continue to hold equal decision-making power over the child.
Given the complexity of custody issues and the potential impact on your relationship with your children, it is best to get assistance rather than go it alone. Our attorneys have many years of experience supporting families with their specific family law concerns, so you can be sure that we have seen instances similar to yours and can provide you with the counsel you need to achieve your goals.
We will be with you at every step of the way and can assist at any stage of the child custody proceedings. We act aggressively in your best interest and will position you in the best possible light before the courts.
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If you are experiencing, or have concerns about, a child custody issue, contact us today. Because of the importance of your child’s needs, it is critical to contact one of our child custody attorneys as early as possible.
To schedule an initial consultation with a member of our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com
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