Child Custody Attorney In Queens, NY
Custody is a legal determination as to parents’ rights regarding their child or children during the divorce process and . Custody is viewed in two legal aspects by the courts and by Queens, NY Child Custody Lawyers.
First, legal custody is the right of a parent to make decisions for their child or children regarding important topics such as education, religion and medical decisions.
Second, residential custody is the right of a parent to have their child or children live primarily with them.
Child Custody Dispute
A party seeking custody of their child or children may commence the action by filing a petition with Family Court and the parties will be given a date to appear at Court before a Judge. While it is always preferable for two parents who are cooperative with each other to agree to share parental responsibilities in the best interests of their child or children, the reality is that two parents fighting for custody of their child or children may not be able to agree as to custody.
Where two parties cannot agree upon a custody settlement and are still having custody disputes over children, a Judge will make a determination as to which parent shall be awarded custody, both legal and residential, of their child or children. It is very rare that two parents fighting for custody of their child or children will be awarded joint custody as the failure to agree demonstrates joint custody would not be feasible.
To aid the judge in making a determination regarding custody, an attorney for the children may be appointed to represent the children’s interest. The Judge will hear testimony from both parents, other relevant witnesses and the children’s attorney if one is so appointed. A Judge will look to various factors to help make a determination of custody. These factors include the age and maturity of the parents, alcohol and drug use, availability of each parent, home environment, siblings, financial means, previous Court judgments as well as the preferences of the children. And although rare, mediating child custody disputes can happen.
Your Affordable Child Custody Attorney In Queens
If you have further questions regarding a child custody dispute or would like to speak with a Child Custody Attorney In Queens regarding your case, please call (718) 523-1111.
Additionally, the Queens, NY Child Custody Lawyers would recommend seeing this FAQ page for more information – NY.COURTS.GOV