Custody cases are some of the most emotionally charged and anxiety-ridden issues in Family Law. This is because they directly impact the health, well-being and overall future of your children. Having the right Manhattan Child Custody Lawyer on your side is crucial to protecting your parental rights and working towards the custody arrangement that is in the best interest of your kids.
The practice of Family Lawyer Custody has grown far beyond divorce lawyers. In fact, this legal specialty encompasses all matters related to family relationships. This includes issues such as property division, spousal support, child custody and visitation, and even prenuptial agreements. In addition, Family Lawyers often handle cases involving domestic violence restraining orders and other similar matters.
When a dispute arises regarding custody, the parents will typically file a petition with the Family Court seeking their desired arrangement. The judge will review the case and make a decision based on the childs best interests. The judge will consider the parents ability to provide for the childs needs, their relationship with the child, and other factors such as home environment stability. If the parents cannot come to an agreement, a trial will be held where both parties can present evidence and call witnesses in order to prove why their preferred arrangement is best for the child.
Once a custody decision is made, the judge will issue a Custody Order detailing the specific details of the arrangement. Afterwards, both parents must abide by the terms of the order. If the judge determines that there has been a significant change in circumstances, either party may request a modification to the custody or visitation arrangement.
While it is rare for a judge to completely change the original decision, there are some instances where this is necessary. For example, if one parent becomes seriously ill or injured, this may prompt the judge to reconsider the current custody arrangement and decide on a new one. In other cases, a childs behavior may drastically change after a custody decision is made and cause the parents to revisit their options.
Regardless of the circumstances, a modification to a custody or visitation arrangement is usually not easy to accomplish. In most instances, both parties must agree to the change. Then, both parents must sign a written document stating that they agree to the change. In some cases, the judge will approve the changes and grant the petition.
While it may seem like an obvious step, it is important to discuss your custody issues with a lawyer before filing any paperwork with the courts. A skilled and experienced Family Lawyer can help you work towards the custody arrangement that is best for your child and your family. They can also help you file your petition with the courts and work with social workers or other parties involved in your custody matter. They can help you understand your rights and responsibilities so that you are prepared for the day of your court hearing.