Child Custody & Visitation

Manhattan Child Custody & Visitation Services

Understanding Your Rights and Protecting Your Child's Future

Divorce is a painful process for everyone involved, but especially the children who can experience severe trauma during the separation. While no one intentionally wants to subjugate their children to great emotional pain and confusion, sometimes the complex battle for child custody gets so charged and aggressive that no one notices the subtle but damaging effects upon the children involved. This is why the Law Office of Julio E. Portilla, P.C. will stop at nothing to make sure that all parties, including the judge and jury, remember that the focus of your case is for your child's well-being.

There is nothing more heartbreaking than children feeling the loss of their parents through divorce. You can rest assured that our child custody and visitation lawyer in Manhattan is dedicated to serving your child’s needs at any cost.


Call us today at (917) 909-6166 for a child custody attorney who can give you personalized, dependable family law support.


Joint Custody vs. Sole Custody: What You Need to Know

On account of the way that divorce cases are portrayed in media and film, it is often assumed that the courts automatically give joint custody to both parents in the State of New York. In reality, however, joint custody can be designated to the parents only if it is clear that both parents have agreed on the most major aspects of a child’s life.

These aspects cover everything from the child’s education to their religion, their physical health to their mental well-being. Regardless of the actual decisions put forth by the parents, joint custody will only work if both of the parents are on amicable terms to calmly discuss custody.

Commonly Asked Questions

How can I modify an existing visitation agreement in New York?

To modify an existing visitation agreement in New York, you must demonstrate a significant change in circumstances that affects the child's well-being. This could include changes in the parents' living situations, employment, or the child's needs as they grow. The process typically involves filing a petition with the court that outlines the reasons for the requested modification. It's advisable to work with a knowledgeable attorney who can help you navigate the legal requirements and advocate for your child's best interests. The goal is to ensure that any changes made to the visitation agreement are in line with what is best for the child.

What factors do courts consider when determining visitation rights in Manhattan?

When determining visitation rights, courts in Manhattan consider several key factors to ensure the best interests of the child are prioritized. These factors include the child's age, emotional needs, and the relationship they have with each parent. The court also evaluates the parents' ability to provide a stable environment and their willingness to encourage a relationship between the child and the other parent. Additionally, any history of abuse or neglect is taken into account. By focusing on these elements, the court aims to create a visitation arrangement that supports the child's well-being and fosters healthy relationships.

How Courts Determine Custody Arrangements in New York

If the parties cannot agree on what is best for their own children, then one must seek the determination of custody in a courtroom. New York laws provide that there is no right to the custody of the child in either parent, but the court shall determine solely what is for the "best interest of the child."

Some of the factors that go into determining custody arrangements include:

  • Ability of each parent to care for the child
  • Each parent's mental and physical health
  • The work schedules of each parent
  • Stability of each household
  • The relationship the child has with each parent
  • Ability of parents to cooperate on parenting
  • Any history of domestic violence or abuse
  • The child's preference if he/she is mature enough

In a custody case, the court is attempting to look to the future and predict which parent will be the better custodial parent. To this end, the court employs a number of methods, such as relying on past behavior to predict future actions. The Law Office of Julio E. Portilla, P.C., works with clients to help them reach child custody decisions for the child's best interest and their families.

We Will Fight for Your Visitation Rights

If it turns out that you will end up being the non-custodial parent of your child, you still have a lot more options than merely seeing your child once in a while. At our office, our team is dedicated to making sure you have the full right to still raise and nurture your child, even if in a more limited form.

This is why we can fight passionately so non-custodial parents can have as much time to spend caring for and nurturing their children as possible. This situation applies not only to biological parents but also for adoptive parents, grandparents, close relatives, and other guardians.

Just a few examples of the situations that the Law Office of Julio E. Portilla, P.C. has supported families include events where:

  • We can ensure that the full terms of a visitation agreement are enforced for a non-custodial parent
  • We can edit the original plan for visitation based on relocation or retiming purposes
  • We can alter agreements on account of international changes
  • We can modify the plan for enacting parental decisions, whether for custodial or non-custodial parents
  • We can change the times and frequency of a primary custodial parent’s visitation schedule
  • We can add the ability for grandparents, guardians, and non-biological parents to have custodial or visitation rights

Contact us now at (917) 909-6166 to experience the personalized, empathetic aid from our child custody and visitation attorney in Manhattan. Request your free case consultation today to discuss our firm’s range of quality legal services. 


 

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