Queens, New York Child Custody Lawyers
Proven Legal Advocacy for Child Custody Disputes in Queens
Some of the most challenging family law disputes involve children. As a parent, you want to protect your children from the potential conflict of a divorce or custody matter. You know you must do everything possible for their well-being and preserve your relationship with them, and at Law Offices of Andreas Vasilatos, we share your concern and commitment to your children’s welfare, growth, and happiness. Our custody attorneys offer the compassion and support you need when navigating the often contentious issue of child custody.
We also provide the advocacy skills required to pursue the optimum results. Our custody representation aims to deliver you to the other side with arrangements that protect your parental rights while upholding the court’s priority for your child’s best interests. Our child custody lawyers work diligently to craft sustainable custody and parenting plans. Our Queens family law firm can help you negotiate custody outside of court to avoid the stress and cost of litigation. However, we are effective trial lawyers who have resolved thousands of family law-related disputes where necessary.
Book a consultation with a Queens, New York child custody attorney by contacting Law Offices of Andreas Vasilatos online or at (855) 773-1166.
Understanding Child Custody Law in New York
The issue of “custody” concerns two related things: legal custody, which refers to who makes important decisions for a child, including education, healthcare, and religious upbringing, and physical custody, which refers to where a child lives. You and your children’s other parent are generally free to work out a custody arrangement that works for your family.
Parents often share joint physical and legal custody of their children. Family courts in the Queens and throughout New York view this as ideal, as it gives the child a continuing and meaningful relationship with both parents, as enjoyed before divorce. Maintaining this relationship is paramount as it contributes significantly to the child's emotional and social well-being. However, depending on the situation, other arrangements may be made. In such cases, the court thoroughly evaluates all factors to deliver a fair decision.
If you and your co-parent cannot reach a custody agreement, even with your attorneys’ help or through mediation, the court must decide the issue. Unfortunately, this takes the matter out of your control, which underscores the need for competent and reliable representation. Our Queens child custody attorneys are equipped to guide you through this process, ensuring that your voice is effectively communicated in court.
How Does New York State Determine Custody?
Like most states, New York determines child custody disputes based on the “best interest of the child”. This is done on a case-by-case basis after reviewing many factors. Each factor is scrutinized to ensure the child's current and future needs are adequately addressed.
Some of the factors considered by a court to decide what would be in a child’s best interest include:
- Stability for the child.
- Who has served as the child’s primary caretaker.
- Which parent has better childcare arrangements.
- Parents’ physical health.
- Parents’ mental health.
- Whether a parent abuses drugs or alcohol.
- Whether a parent has committed domestic violence.
- Whether a parent has abused or neglected a child or interfered with the other parent’s visitation rights.
- Whether a parent has engaged in psychologically alienating the child from the other parent.
- The child’s preference and the reasons for that preference.
- Conditions in each parent’s home.
- Where the child’s siblings live.
- Educational opportunities available.
- The court’s observation of the parents’ behavior during the proceedings.
- Any other factor the court considers relevant.
In some cases, international and interstate custody disputes can add heightened complexity to the matter. Such cases demand a lawyer who routinely handles such complicated conflicts, as Mr. Vasilatos and his team do. Understanding the diverse legal jurisdictions involved can make a significant difference.
Is New York a 50-50 Custody State?
New York does not automatically default to a 50-50 custody arrangement. Instead, the state prioritizes the child’s best interests over a preset time division. Joint custody, including shared physical and/or shared legal custody, is generally encouraged if it serves the child’s best interests. This approach respects the unique dynamics of each family.
A 50-50 custody split would be awarded if it is deemed the most beneficial situation for the child and both parents can manage such an arrangement effectively. Issues such as the proximity of the two households, where the child attends school or extracurricular activities, and more can impact the final arrangement. A consistent schedule is vital for a child's routine and development.
Understanding Parenting Plans in Queens
In New York, “parenting plans” are often referred to as “parenting agreements” or “custody and visitation agreements.” These plans outline how parents share responsibilities and make decisions regarding their children after a separation or divorce. Having a clear plan helps prevent future conflicts and ensures each parent understands their rights and responsibilities.
While New York law doesn’t mandate a specific parenting plan template, typical components of a parenting plan in New York may include:
- Custody arrangements: Details whether the parents will have joint legal custody (decision-making authority) and/or joint physical custody (time spent with each parent).
- Visitation schedule: Outlines the regular schedule for the child to spend time with each parent, including weekdays, weekends, holidays, special events, and vacations.
- Communication: This section addresses how parents communicate with each other and the child, including methods and frequency.
- Childcare arrangements: Determines how childcare responsibilities will be divided, including transportation, school pickups, and extracurricular activities.
- Education & healthcare: This involves deciding how decisions regarding the child’s education, healthcare, and religious upbringing will be made.
- Financial support: Establishes child support obligations, including the amount to be paid and how expenses will be shared.
- Relocation: Addresses how parental relocation will be handled and how it may impact the parenting plan.
- Dispute resolution: Outlines mechanisms for resolving conflicts or modifying the plan in the future.
Championing Your Case, Empowering Your Future Why Choose Law Offices of Andreas Vasilatos?
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Compassionate AdvocacyWe provide empathetic support throughout your family law journey, ensuring you feel understood and supported.
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Tailored Legal StrategiesWe craft personalized legal approaches that align with your unique needs and goals, maximizing outcomes through negotiation or litigation.
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Extensive Experience and ExpertiseSpecializing solely in family law, our attorneys offer deep expertise and up-to-date knowledge, delivering meticulous preparation and dedicated advocacy.
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Client-Centered ApproachWe prioritize personalized service and accessibility, ensuring you're informed and confident in our strategic representation.
Work with Trial-Tested Custody Lawyers in Queens, New York
Parents usually know what’s best for their children. You and your co-parent can often reach a custody arrangement that works best for your family. When that is impossible, you must have an attorney who can make your case to the court with compelling evidence and narrative. Presenting a strong, factual case can heavily influence the court’s decisions.
When something as important as child custody is at stake, you need a professional who is both an effective negotiator and a skilled litigator. Because most family law disputes are settled out of court, many custody attorneys in this field have little trial experience. Our team’s ability to navigate both negotiation and litigation custody cases sets Law Offices of Andreas Vasilatos apart.
Andreas Vasilatos is different, and so are his associates. Not only do they have extensive courtroom experience, but Mr. Vasilatos has been retained by other attorneys for their own matrimonial and custody cases. Other law firms also hire him as a trial consultant.
Learn more about your child custody case and options by contacting Law Offices of Andreas Vasilatos for a consultation at (855) 773-1166.
Frequently Asked Questions About Child Custody in Queens
What Should I Expect During a Custody Hearing in Queens?
During a custody hearing in Queens, the judge will evaluate various factors to determine the best arrangement for the child. This includes each parent's living situation, their ability to provide for the child, and the child’s relationship with each parent. It’s crucial to present clear and organized evidence and testimonials that support your desired custody arrangement. Legal representation can help articulate your case to ensure the court understands your position and concerns. Being prepared for alternative resolutions like mediation might also be advisable, as courts often encourage it to resolve conflicts amicably.
How Can Relocation Affect Custody Agreements in Queens?
Relocation can heavily influence custody arrangements in Queens. Any move that might affect the visitation schedule or the child's schooling needs requires the court's consideration. Typically, the relocating parent must demonstrate that the move is in the child's best interest, considering factors like educational benefits or improved living conditions. Both parties are encouraged to maintain open communication and possibly renegotiate visitation schedules that accommodate the new circumstances while keeping the child’s welfare as the priority.
