Helping Your Family Establish Child Custody and Visitation Orders

Attorney Joseph H. Nivin Esq. is a child custody lawyer who knows how much family matters; that’s why he will do everything he can to help lessen the effect of custody and visitation hearings on your family. Hearings on custody and visitation are high-stakes situations that can come with life-changing results. These hearings are sometimes the toughest parts of a divorce or separation.

Family law judges or referees in the State of New York focus on what is in the best interest of the child or children. An experienced custody and visitation attorney will help you understand what will happen during a hearing and the criteria a New York judge or referee will use to determine custodial and visitation arrangements. Call our Forest Hills office at 877-704-9920, or contact us online.

Child Custody

Communication is key when negotiating custody and visitation. If the case proceeds to a hearing, then Joseph H. Nivin will litigate aggressively to protect you and your child or children. A judge will consider many factors when deciding a child custody case, including but not limited to the parents’ abilities to support the child’s emotional and intellectual development.

Custody agreements will vary on a case by case basis. The New York judge will consider:

The parental guidance the custodial parent provides for the child
The ability of each parent to provide for the child’s emotional and intellectual development
The financial status and ability of each parent to provide for the child
The overall relative fitness of the parties and the length of time the de facto custody arrangement has been in effect
One parent’s use of “self-help” in removing the child from the other parent’s custody

A child custody lawyer may be able to help both parties come to an amicable agreement, but if a hearing before a judge becomes necessary, attorney Joseph H. Nivin Esq. will work diligently to help you achieve the most desirable outcome. He can also assist clients with modification of previous visitation and custody arrangements.

Key Factors Influencing Child Custody Determinations

When courts decide child custody arrangements, several crucial factors come into play. These may include the child's age, their relationship with each parent, their emotional and physical well-being, parental stability, and the ability of each parent to provide a safe and nurturing environment. Additionally, courts often consider each parent's willingness to foster a healthy co-parenting relationship and their respective living situations. Call our Forest Hills office at 877-704-9920, or contact us online.

Visitation Rights

Decisions regarding child visitation rights can be the most important decisions that you will make during your divorce or separation. The courts strongly support and encourage the involvement of both parents, even where they determine that the child or children should primarily live with one parent. Child visitation law governs the rights of noncustodial parents to spend time with their children. These cases are handled by state courts during family law proceedings, which include divorces and Family Court custody proceedings.

Services:

Child Custody
Child Support
Visitation Rights
Orders of Protection
Sole, Joint, Shared Custody
Child Custody Modification
Family Court Representation
Document Preparation and Filing

The Role of Children in Custody Proceedings: Can Their Voices Influence Outcomes?

In many jurisdictions, children's preferences may be taken into account, particularly as they grow older and mature. However, the weight given to their wishes varies depending on their age, maturity level, and the court's discretion. Courts prioritize the best interests of the child above all else, so while children may express their preferences, final custody decisions are made with their welfare as the primary concern. Call our Forest Hills office at 877-704-9920, or contact us online.

Child Support

Although child support and child custody are two different matters, they often go hand-in-hand. Even where parents have joint custody, one parent will likely be ordered to pay child support. If you are involved in both child support and child custody proceedings, then Joseph H. Nivin can advise you about how these cases affect one another, and about your rights in both of these cases.

Understanding Fathers' Rights in Child Custody Disputes

Fathers have equal rights in child custody cases, and courts aim to ensure fair and balanced outcomes that prioritize the child's welfare. While historically, custody arrangements often favored mothers, modern family law emphasizes the importance of both parents' involvement in a child's life. Fathers are entitled to seek custody and visitation rights, and decisions are made based on their ability to provide a loving and stable environment for their children.

Child Custody and Visitation FAQs:

Can child custody arrangements be modified after they are established?

Yes, child custody arrangements can be modified if there has been a significant change in circumstances since the original custody order was issued. Examples of such changes may include a parent relocating, changes in the child's needs or evidence of parental misconduct. However, any modification must still be in the best interests of the child, and the court will review the circumstances carefully before deciding.

What if parents cannot agree on a custody arrangement?

If parents cannot reach an agreement on child custody, they may need to seek the assistance of the court to resolve the matter. In such cases, a judge will evaluate the circumstances and make a custody determination based on the best interests of the child. Parents may also engage in mediation or alternative dispute resolution methods to try to reach a mutually acceptable arrangement outside of court.

Are grandparents entitled to visitation rights?

In certain situations, grandparents may be entitled to seek visitation rights with their grandchildren, especially if they have a pre-existing relationship with the child and if visitation is deemed to be in the child's best interests. However, the laws regarding grandparents' visitation rights vary by jurisdiction, and grandparents may need to petition the court to enforce their rights in cases where parents object to visitation.

How is child custody different from visitation rights?

Child custody refers to the legal authority to make decisions about a child's upbringing and welfare, including where they will live. Visitation rights, on the other hand, refer to the non-custodial parent's right to spend time with the child. While custody determines where the child primarily resides, visitation rights dictate the schedule and duration of the non-custodial parent's time with the child.

Call Us To Discuss Your Options

We work hard to make this process as easy on you and your children as possible. Call our Forest Hills office at 877-704-9920, or contact us online to get started.