917-924-9790Manhattan Child Custody & Visitation Attorney
Looking After the Child’s Best Interests and Defending Your Parental Rights in New York Child Custody Cases
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 family court 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 917-924-9790 for personalized and dependable family law support.
What is the Difference Between Joint Custody and Sole Custody in New York State?
Because 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 considered by the parents, joint custody will only work if both parents are on amicable terms and can calmly discuss custody.
Can a Child Custody Lawyer Help You Seek Joint or Sole Physical Custody?
Which parent shall receive primary physical custody and the bulk of parenting time is not predetermined. New York law does not determine the primary residence for where the child lives based on the gender of the parents. For example, simply because you are the father does not mean that you will be the noncustodial parent. Similarly, just because you’re the mother of the child, it does not mean you will get residential custody of the child.
When one parent is fighting for sole custody while the other parent is open to joint custody and visitation arrangements, it can make divorce proceedings even more difficult. If you and your soon-to-be ex-spouse are fighting over custody and visitation matters, you must seek the professional legal representation of an experienced family law attorney.
We have years of experience helping clients and their families explore their legal options in child custody cases where the child primarily resides. Many factors must be considered to determine whether joint or sole custody is a viable option in your child custody case.
What is Legal Custody?
Child custody does not simply refer to where the child lives. Legal custody gives parents the right to make major decisions on behalf of their minor child’s life and upbringing, such as medical care decisions, religious teachings, education, and more.
Legal custody can be awarded as either sole or joint legal custody. In many cases, parents will share legal custody, meaning that they will need to cooperate and work together to make decisions about how to raise their child as co-parents. In sole legal custody situations, only one parent has the right to make major decisions for their children and does not need to consult with the other parent before making a decision.
Please schedule a free consultation with our legal team today to discuss your case in more detail.
Frequently Asked Questions About Child Custody and Visitation in Manhattan
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 Do Courts Determine Custody Arrangements in New York?
If the parties cannot agree on what is best for their own children, they must seek custody determination in a courtroom. New York laws provide that neither parent has a right to custody, but the court shall determine what is in 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.
How Can a Child Custody Attorney Help You Fight for Visitation Rights in a Custody Battle?
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 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 to biological parents and 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. can assist with include cases where:
- The full terms of a visitation agreement need to be enforced for a non-custodial parent
- The original plan for visitation should be modified based on relocation or retiming
- Agreements require alteration due to international changes
- Modifying the plan for enacting parental decisions is necessary, whether for custodial or non-custodial parents
- Grandparents, guardians, and non-biological parents are seeking custodial or visitation rights
Contact us now at 917-924-9790 to experience the personalized, empathetic aid of our Manhattan child custody and visitation attorney. Request your free case consultation today to discuss our firm’s range of quality legal services.
Contact Our Law Firm to Request a Free Consultation with a Compassionate Manhattan Child Custody and Visitation Lawyer Today
Unfortunately, child custody disputes and courtroom battles over visitation rights are common and often among the most highly contentious legal matters in New York courtrooms. If you are contending with a complex child custody and visitation case, you must seek professional legal guidance from an experienced attorney.
Our family law attorney and his legal staff have extensive experience helping clients pursue satisfactory outcomes in their child custody cases. As your legal representative, the lawyer and his team will explore all options to help you reach a more favorable agreement that suits your needs and looks after the best interests of the children.
To learn more about how we can assist you during this difficult legal process, please contact our law firm to schedule your free initial consultation today. You can reach us at 917-924-9790.
We Fight to Protect Your Rights