New York Child Custody Attorney

Additional Child Custody FAQs

What factors are taken into consideration in a custody battle?

 In deciding custody and visitation, a judge will consider what is in the best interests of the child. Most commonly, the court will look at the following factors when deciding custody:

• Who has been the primary caretaker of the child
• The child's current living situation, and how long it has been so
• The child's preference (depending on his or her age)
• Whether the child would be separated from siblings
• Whether either parent is actively trying to cut the other parent out of the child's life
• Whether either parent has been abusive in any way or if ​​domestic violence has been involved
• The age of children and parents
• The sex of children and parents
• The health of both the children and the parents
• The lifestyle of both parents
• The emotional bond between parents and child
• Each parent's ability and desire to provide a healthy and stable environment
• Each parent's ability to provide emotional and intellectual support to the child

Do courts usually award custody to just one parent? 

It used to be common to award sole custody, typically to the mother, but now it is much more common for courts to award joint custody so that both parents can share the parental responsibility and decision-making power.

What happens if I need to move with my kids? 

While most courts are accepting of relocation, it needs approval and if the noncustodial parent contests it, there will be issues that should be handled by a legal professional.

Will there be drug tests when determining custody? 

Drug tests are not administered every time, but it is likely that the courts will require both parents to participate in a drug test. By failing to take the drug test, it could result in serious repercussions such as a suspension of visitation rights.

If you have more questions or would like to discuss your case with a knowledgeable New York child custody attorney, you should not hesitate to contact us at Eiges & Orgel, PLLC as soon as possible.

Modifying Child Custody in New York

In order to make changes to your current child custody and visitation order, you will need to file a petition with the court that originally issued it. For the modification to be approved, you must provide evidence that there is a significant change in your circumstances since the original order and the requested modification is in your children’s best interests.

Significant changes in circumstances can include:

• Loss of employment
• Financial hardships
• Remarriage
• Relocation of home
• Health issues by either party
• Abandonment
• Neglect or domestic abuse
• The child has become older and has requested a change

In New York, the law allows for custody orders to be modified if a parent was deployed by the military, and they are requesting the modification upon their return. The court will still need to determine that this change is in the best interests of the child before issuing the modification.

Even if you have a substantial change in circumstances, the court does not have to grant a modification of your custody and visitation order. Regardless of why you are requesting the modification, the court must be able to see how it is best for your child’s interests. This is their number one priority when making any custody-related decisions.

What to Do if Your Ex Violates Your Custody Agreement

Violating a custody agreement is a serious issue, and could lead to harsh consequences for the offending parent. Not only is it a violation of a court order, but changing custody arrangements can have a severe impact on your child, leading to emotional distress and hurt feelings. In order to handle the situation, consider the following options.

Talk to Your Ex

Try discussing the issue with your child’s parent and see if you can’t come to some sort of agreement. Reminding them of the pain their bringing your child may help them realized the error of their ways, but it may agitate them. Email may be best, because it is documented and can’t as easily lead to an argument as an in-person discussion or phone call. You may also propose a change in custody, if the current arrangement isn’t working out.

Mediation

Choosing to go through mediation could be a smart, safe way for both of you to discuss the issue of custody and their violation. A third party observer may be able to explain the issue to your ex in a way that you could not, with simple facts and legal support.

File for Contempt

The last option, if your ex continually violates custody and will not cooperate or communicate with you in a helpful manner, is filing for contempt. This will require court time, where you may prove that your ex did not follow the child custody agreement and a change in custody is in order. Adjusting custody to allow you to have more time with your child may protect them from any more disappointment and save them any more hurt feelings in the long run.

What Qualifies as an Unfit Parent?

In New York, an unfit parent can be described in multiple ways. An unfit parent can be a parent that struggles with substance abuse, physical abuse, or sexual abuse. They repeatedly participate in negative and dangerous behaviors like these and more around the child. Additionally, if the parent puts the child in harmful situations, this could be proof of unfitness.

Examples of unfit parenting include:

• Improperly supervising the child
• Not providing the child with basic needs
• The child is subject to dangerous conditions or safety hazards
• The child’s other parent hangs out with dangerous people like gang members or convicted criminals

How to Prove A Parent Is Unfit

Although a parent may know or have witnessed unfit behavior, it must be proven in order to have legal consequences. In a custody case, a judge must be able to determine whether a parent is unfit based on evidence.

Evidence that could help the court determine the unfitness of a parent may include:

• Testimony from witnesses
• Video documentation
• Medical reports of physical injuries and mental health problems
• Text messages, voicemails, emails, and social media posts
• Drug and alcohol testing
• Criminal records

If you have any doubts that your child is in danger while around their other parent, do not hesitate to share this information with the court. Your child’s safety is the most important thing, so make sure you provide any and all evidence that you have.

After evidence is gathered, paperwork will need to be filed. This is best done with an attorney who can help explain documentation. To serve the paperwork, you will need to legally provide this documentation to the other parent, so they have the opportunity to defend themselves.

Choosing the right lawyer is an investment in your future and the well-being of your children. Contact Eiges & Orgel, PLLC today to schedule a consultation and let us guide you through the child custody process with compassion, skill, and dedication.

Protecting Your Child's Best Interests

When it comes to child custody, the most important factor is always the well-being and best interests of the child. Our experienced New York child custody attorneys understand the complexities of family law and are dedicated to ensuring that your child's needs are prioritized throughout the legal process.

Some key considerations for determining the best interests of the child in a custody case include:

• The child's relationship with each parent
• The child's adjustment to home, school, and community
• The mental and physical health of all individuals involved
• Any history of domestic violence or substance abuse
• The ability of each parent to provide a stable and loving environment

Our team will work tirelessly to advocate for your parental rights while also keeping the focus on what is truly best for your child. We can guide you through the legal process, provide expert advice, and represent your interests in and out of court.

Contact Eiges & Orgel, PLLC for a Comprehensive Case Evaluation

If you are currently in the middle of a heated child custody debate, you are not alone. All throughout the state, many families who are filing for divorce find themselves in a tricky situation regarding child custody problems. Our firm can help you through the divorce stages and even if a custody problem surfaces post-divorce. Not only does our team have over 60 years of legal experience, but we are also very proud to provide a unique approach to each family law situation.

No matter what legal issue you may be enduring with your family, our attorneys are here to help! With a qualified New York child custody lawyer at our office, we can guide you through the process of securing child custody during divorce, obtaining child support, and scheduling visitation. We have decades of legal experience and have even handled over 500 child custody cases in the past. When you need an advocate of your rights on your side, call our law firm today!