Custody/Parenting Time
New York City Child Custody/Parenting Time Lawyers
Serving clients throughout New York City — including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island — as well as the surrounding metropolitan area, including Nassau, Suffolk, Westchester, and Rockland Counties
Ending a marriage should not mean the end of your relationship with your children, no matter what your former spouse thinks. Similarly, it’s frustrating when your former spouse doesn’t honor the terms of your divorce and deprives you of parenting time with your kids. A child custody or parenting time dispute can quickly become heated and potentially cost you your relationship with your children, but working with a capable attorney makes it much more likely you’ll maintain those relationships and reach your desired outcome.
As Queens and Long Island family law attorneys with over 50 years of combined experience, the team at Gildin Chapman has helped thousands of New York residents handle their child custody and parenting time disputes. Our thorough knowledge of New York family law and aggressive approach to protecting your interests make us well-suited to these complex, emotionally charged cases.
Whether through mediation or a trial, we’re committed to helping you reach your goals so you can provide a supportive living environment for your children. Call us today or complete our contact form for a free case evaluation.
Why Choose Us for Your Child Custody or Parenting Time Dispute?
When your relationship and ability to spend time with your children are on the line, you need a skilled and driven attorney to protect your rights and interests. Our qualifications to handle your child custody or parenting time dispute include:
- A blend of compassionate service with aggressive advocacy – We know family law issues often provoke strong emotional reactions, and we pride ourselves on our compassion and empathy for every client. At the same time, we understand the stakes for you and will aggressively protect your interests using every tool at our disposal. We’re not afraid to litigate your dispute in court if it’s necessary to help you achieve your desired outcome.
- In-depth knowledge and experience – Understanding the nuances of New York family law and how to apply them is vital to winning these cases. With over five decades of combined knowledge across several legal fields, our attorneys thoroughly understand the rules and applicable laws, giving you an edge as we fight for your family’s future. • Fearless representation no matter the circumstances – Our team
- Fearless representation no matter the circumstances – Our team thrives in high-pressure situations and is not afraid of complex cases. No matter the challenge, we have the skill and tenacity to meet it and help you achieve your goals.
How Child Custody Works in New York
Custody decisions in New York involve two distinct but related legal concepts. The first is whether a parent has “legal custody” of a child. Legal custody refers to a parent’s authority to make important decisions regarding a child’s care and upbringing. For example, a parent with legal custody has the authority to decide where a child will go to school, what medical care they will receive, whether the child will receive any religious instruction, and so on.
The other type of custody is “physical custody,” sometimes called “residential custody.” Physical custody refers to whether a child lives with a parent and how much time they spend with each parent. If two parents have joint physical custody, the child spends equal time with each parent. If the child spends more than 50 percent of their time with one parent, that parent has sole physical custody of the child, while the other parent may have visitation time (also called parenting time).
Judges can divide legal and physical custody among a child’s parents in whatever way protects the child’s best interests. Parents can share physical and legal custody, or one parent may have sole physical custody while both parents share legal custody, or one parent may have sole legal and physical custody.
Because it’s often not practical for a child to spend equal time with both parents, especially if the parents live far apart, it’s common for parents to share legal custody after a divorce while one parent has sole physical custody. This approach helps the child maintain relationships with both parents while providing a stable, consistent living arrangement for the child. However, the courts may award sole legal and physical custody to one parent if there’s evidence suggesting the other parent is unfit to raise or spend time with the child.
How Judges Make Child Custody Decisions in New York
The New York legal system does not favor either parent in child custody proceedings. Instead, judges must make custody decisions based on the best interests of the child. Judges consider many factors to decide what custody arrangement is best for the child, and those factors include:
- The child’s preference (if they’re old enough to make an informed decision)
- Each parent’s ability to cooperate with the other parent and encourage the child to maintain a relationship with both parents (when safe to do so)
- Which parent, if any, has been the child’s primary caregiver
- Each parent’s mental and physical health
- Each parent’s parenting skills and ability to provide for the child’s special needs (if any)
- Each parent’s work schedules, childcare plans, and financial resources
- The child’s relationships with other members of their family (such as any siblings)
- Any history of domestic violence in the family
How Parenting Time/Visitation Works in New York
The legal term in New York for what most people call visitation is “parenting time.” The courts prefer to let parents work out a parenting schedule on their own, but they will step in if the parents can’t resolve the issue themselves. Even if the parents can agree on a schedule, they must obtain the court’s approval.
In many cases, it’s not practical for a child to evenly split their time with each parent due to logistical concerns (where the child will go to school, after-school activities, etc.). When these circumstances apply, the child usually spends most of the week with one parent and alternates weekends and holidays. This arrangement gives both parents time with the child while minimizing disruptions to the child’s daily routine.
Modifying a Child Custody Order in New York
The custody arrangement outlined in a judge’s final order is not necessarily permanent. Either parent can petition the courts to modify the arrangement, but the parent who submits the petition must prove two things to persuade the courts to change a custody order. First, they must show that the change would be in the child’s best interests. Second, they must show there has been a substantial change in either the child’s life or the parent’s circumstances.
For example, if one parent with shared custody of a child develops a substance abuse issue, the other parent could petition the courts for sole custody. The allegation of a substance issue would likely not be enough for the courts to modify the custody order, though. The parent submitting the petition would have to provide evidence to support their claim.
Other changes in circumstances that could justify a change in a custody order include:
- Significant life changes for a parent, like losing a job or having to relocate for work
- Concerns about the child’s safety or well-being, such as neglect or abuse
- Changes in the child’s needs, such as a severe medical condition
- One parent’s failure to follow the current custody agreement
Contact Our New York City Child Custody Lawyers Now
Working with an experienced attorney is the best step you can take to protect your family’s future and give your child a safe, loving home. Call Gildin Chapman now at 516-524-5657 or reach out online for a complimentary case review.