Child custody matters are some of the most anxiety-filled family law cases. Oftentimes, parents are fighting for the time they want with their children and the decision-making rights to make important choices that affect them. If you’re in the midst of a divorce, separation, or other family law dispute with a focus on custody, it is vital to seek legal representation as soon as possible.
Finding the Best Child Custody Attorney
While determining the appropriate child custody arrangement is an emotional affair, it’s important to take a step back and remember that this matter will ultimately benefit your children. It is a legal issue that will affect your children’s lives for years to come. Therefore, it’s critical that you seek a Manhattan child custody lawyer who has the experience and knowledge to fight for your rights as a parent.
The legal process of establishing child custody involves making orders dictating both physical (where the children reside) and legal custody (which determines who has the right to make decisions about the children’s health, welfare, education, and other significant aspects of their life). In New York, courts strive to establish both shared and sole parenting time for both parents, while also prioritizing the best interests of the children.
Courts assess many different factors when making a child custody determination, including the ability to provide for the children’s financial needs, the physical and mental health of each parent, any history of domestic violence between the parties, whether either party has a criminal record, and how well the parents get along with one another. Courts also consider the children’s wishes if they are of sufficient age to communicate them, although this is not always a deciding factor.
While parental alienation is a serious concern, it can sometimes result in a negative impact on a child’s relationship with one of their parents. In these situations, a judge may order therapy or counseling for the child to attempt to repair the parent-child bond. If the situation is severe, then courts will consider modifying custody arrangements and possibly imposing restraining orders.
It’s also important to know that the legal costs associated with your custody matter will vary depending on your specific circumstances and if your case is contested or settled. Some attorneys offer flat rates for uncontested matters, while others charge an hourly rate. Regardless of the type of legal representation you choose, it’s essential that you discuss these fees with your attorney so there are no surprises down the road.
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