White Plains Child Custody Attorneys

Knowledgeable and Compassionate White Plains Child Custody Attorneys for You and Your Family

Determining who a child’s primary caregiver should be is oftentimes a long and confusing road for parents, guardians, and children, especially if it is the result of a divorce. Our White Plains custody attorneys are here to ensure your rights as a parent are protected and to help you prepare for and navigate the challenges that you will be faced with when going through a child custody proceeding.

We help parents and guardians throughout Westchester County and the Lower Hudson Valley with their child custody matters, bringing over two decades of New York State family law experience to our clients. With the extensive collective child custody law expertise throughout the Tully Rinckey firm, we take pride in assuring you that your matter will be handled with the utmost compassion and dedication throughout the process of seeking child custody rights.

From your initial consultation through your final judgment, you can expect compassionate representation that is there for you every step of the way, working to create a solution that both allows you to continue to raise your children while ensuring their best interests. Our White Plains attorneys are well versed in the nuances of a custody battle and will work closely with you to understand and achieve your goals while presenting you to the court in the most favorable way.

Understanding Custodial Laws and the Types of Child Custody in White Plains, NY

In New York State, there are two different types of custody to be defined. The first is referred to as residential, or physical, custody, which relates to the living arrangements of the child(ren) as well as how much time is to be spent with each parent. When most people think about a custody arrangement, they typically think about residential custody. However, there are other important decisions to be made regarding the care of dependents. These include decisions about schooling, religious affiliation and participation, and determining who is responsible for medical care. Determining who oversees making these types of key life decisions is referred to as legal custody. While both types of custody are similar in nature, knowing the differences between them is the first step to establishing custody.

Both physical custody and legal custody of children can be joint, sole, or a hybrid, depending on your specific situation. While physical custody is not always shared, the non-custodial parent can be granted visitation or parenting time with the child, so long as it does not raise any concerns about the wellbeing of the child.

How Does Child Support Work?

There are many key factors that come into play when determining child support payments. Many times, the non-custodial parent is responsible for providing monetary support to the parent with sole custody to help pay for food, clothing, shelter, and other necessities for the child(ren).

What happens when custody is shared? Some co-parents believe that in a shared custody arrangement, it would automatically negate the need for child support. However, since there are so many factors that come into play when determining the role and responsibilities of each parent sharing custody, child support laws still apply.

To learn more about the nature of child support laws in New York State, visit our New York City child support webpage.

How Can I Modify a Child Custody Order?

The first step to changing a visitation or custody order is to file a petition to modify the order at the courthouse in which it was originally issued. However, for a court to amend your custody or visitation order, it must be clear that (a) your circumstances have changed significantly since the original order was issued, and (b) the proposed change to the order is in the best interest of the child(ren).

To begin the process of altering your existing custody order, you will need to fill out the forms for a “Petition for Modification of an Order of Custody/Visitation”. These forms can be found in the courthouse or filled out online through the NY Courts webpage.

Can My Ex Move Out of State with Our Child?

If visitation is court-ordered in New York State, neither parent may move out of state with the child(ren) without prior approval from the courts. Should your ex relocate out of state or make plans to relocate with your child, your attorney can petition the courts to prevent the move or order that the child be brought back if you did not consent to the out-of-state move. You should review any court documents to check for any stipulations agreed upon within the custody agreement that would allow your ex to relocate across state lines with your child.

Child Custody vs Child Visitation

While in some situations one parent may have primary custody of the child, many times problems can arise in regards to visitation and parenting schedules. Tully Rinckey’s child custody attorneys will help uphold your legal rights while providing guidance on the development of a stable and healthy parenting/visitation schedule to ensure the wellbeing and security of the child(ren).

What Factors Determine Which Parent is Awarded Custody in New York State?

The best interests of the child will always be the priority of the courts when determining custody matters. However, how the best interests of the child are determined typically depends on a few factors, such as:

• The child’s relationship with their parents.
• How each parent addresses both the physical and emotional needs of the child.
• How parental duties have been handled in the past by both parents.
• Each parent’s physical and mental wellbeing, including the presence of mental health and/or addiction issues.
• Any instances of abuse or neglect between the parents and/or including the child.
• The child’s preference, if they are at an appropriate level of maturity and age.

Why Choose Tully Rinckey for Your Child Custody Case?

Custody matters are complex, emotional, and scary. When faced with the possibility of forever changing your relationship with your child, Tully Rinckey’s expert child custody attorneys are there to guide you through the process and ensure that your rights are upheld. Our family law attorneys will not only help make sure your rights are protected but also ensure the best interests of the child are being followed.

Our White Plains custody attorneys routinely assist families across Westchester County, Rockland County, and the Lower Hudson Valley region. We will be with you every step of the way and can assist at any stage of the child custody proceedings.