How-to-Win-Full-Custody-in-NY-10-Winning-Strategies

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Published: Jun 7, 2023 | Updated: Jun 7, 2023 |

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How to Win Full Custody in NY: 10 Winning Strategies

Are you going through a child custody dispute and wondering how to win full custody in NY? Look no further than the Law Office of Stephen K. Underwood. Stephen is a Buffalo New York divorce and family Law attorney that handles divorce and family law cases, including child custody disputes in New York courts. Whether you're dealing with a Buffalo New York divorce or Family Court matter feel free to contact us.

Winning full custody in New York divorce cases is not an easy feat, as it requires a thorough understanding of the state's laws and legal procedures. The first step in winning full custody is to file a divorce action with the court, or a family court petition, which can be done with the help of an experienced divorce and family law attorney. However, simply filing does not guarantee success.

The court will consider several factors when determining custody, including the child's best interests, the legal father's rights, and the parents' ability to provide for their needs. It is crucial to have a strong case and evidence to support your claim for full custody. If you are seeking visitation rights, it may be necessary to file a visitation petition with the help of a family law attorney or divorce lawyer.

Working with an experienced family law attorney like Stephen K. Underwood can increase your chances of winning full custody in New York State. He understands the intricacies of family law, including divorce and legal father issues, and has successfully represented numerous clients in the Supreme Court.

Having a knowledgeable attorney on your side can make all the difference in winning full custody in New York State. Contact Stephen K. Underwood, Esq., today for guidance on how to navigate the New York family court system and achieve success in your divorce case.

Understanding Child Custody Laws in New York

What are New York child custody laws?

New York child custody laws determine who gets legal and physical custody of a child. Legal custody refers to the right to make decisions about the child's upbringing, including education, healthcare, and religious practices. Physical custody refers to where the child lives. Child custody cases in New York are decided based on the best interests of the child and are often handled in family court. It is important to seek guidance from a divorce attorney during these proceedings.

How are child custody cases decided in New York?

In New York, courts consider several factors when determining the best interests of the child in a custody case. These include hiring a divorce attorney and seeking assistance from a law office.

• The parents' ability to provide for the child's basic needs, such as food, clothing, and shelter, is a crucial factor in determining custody arrangement and complying with custody laws. In cases of true joint custody, it's important to consult a divorce attorney to ensure that both parents are fulfilling their responsibilities.

• The parents' ability to provide a stable home environment for the child is a crucial factor in determining custody arrangements in family court. True joint custody is often preferred under custody laws, but ultimately the decision will depend on which parent can best provide a stable home environment for the child.

• The mental and physical health of both parents.

• The quality of each parent's relationship with the child.

• The preferences of older children (typically age 12 or older) in cases of divorce, family court, custody laws, and true joint custody.

• Any history of domestic violence or abuse.

It's important to note that under New York child custody laws, there is no presumption in favor of either parent in a divorce. Instead, courts will consider all relevant factors before making a decision on true joint custody.

What types of custody are recognized under New York law?

New York family court law recognizes two types of custody: legal custody and physical custody. Legal custody refers to the right to make decisions about the child's upbringing, while physical custody refers to where the child lives. Both types of custody can be awarded solely to one parent (sole legal or physical custody) or shared between both parents (joint legal or physical custody) in cases of divorce.

In some cases of divorce, one parent may be awarded sole legal or physical custody while still being required to consult with the other parent on certain major decisions (such as medical treatment). This is known as "final decision-making authority."

How is child support determined in New York?

Child support is determined based on the income of both parents and the needs of the child, even in cases of divorce. New York uses a formula to calculate child support, taking into account factors such as each parent's income, the number of children involved, and any special needs or expenses related to the child's care (such as medical bills or educational costs). The amount of child support may be affected if there is true joint custody between the parents.

In addition to basic child support payments, one or both parents may also be required to contribute to other expenses related to the child's care, such as health insurance premiums or childcare costs in true joint custody situations resulting from a divorce.

Why is understanding child custody laws in New York important?

Understanding child custody laws in New York is crucial for anyone seeking custody of a child. By knowing what factors courts consider when making custody decisions, parents can better prepare themselves for their case and make informed decisions about how to proceed.

It's also important to understand how child support is calculated in New York so that both parents can ensure that their child's financial needs are being met. By working with an experienced family law attorney and familiarizing themselves with New York's custody and support laws, parents can increase their chances of achieving a favorable outcome in their case.

Types of Custody Arrangements in NY

Custody arrangements in NY play a significant role. These legal agreements dictate which parent has decision-making power and where the child will live.

Legal Custody

Legal custody refers to the right to make major decisions about a child's life, including education, healthcare, and religion. This type of custody can be granted to one or both parents. If one parent is awarded sole legal custody, they have complete decision-making power over their child's life. However, joint legal custody allows both parents to share this responsibility equally.

When determining legal custody arrangements, the court considers several factors such as each parent's ability to provide for the child's needs and their willingness to cooperate with each other on important decisions.

Physical Custody

Physical custody determines where the child lives on a day-to-day basis. Similar to legal custody, physical custody can be granted solely or jointly between parents. When one parent is awarded sole physical custody, they become the primary caretaker of their child while allowing visitation rights for the non-custodial parent.

On the other hand, joint physical custody means that both parents share equal time with their child. The court considers various factors such as each parent's work schedule and proximity to schools when determining physical custody arrangements.

Sole Custody

Sole custody refers to one parent having full legal and physical custody of their child. This means that they have complete decision-making power over their child's life and are responsible for providing for their daily needs.

The non-custodial parent may still be granted visitation rights but has no say in major decisions regarding the child's life. Sole custody is usually awarded in cases where one parent is deemed unfit or incapable of providing adequate care for their children.

Joint Custody

Joint custody arrangements allow both parents to share legal and physical custody of their child. In this case, both parents have equal say in major decisions regarding the child's life and share parenting responsibilities equally.

Joint custody can be challenging since it requires cooperation between both parents. However, it is often considered in situations where both parents are capable of providing a stable home environment for their children.

Factors Considered in Winning Full Custody in NY

What is Full Custody?

Full custody, also known as sole custody, is the legal right of a parent to make decisions about their child's life without consulting the other parent. This includes decisions regarding education, healthcare, religion, and more. If you are seeking full custody of your child in New York (NY), it is important to understand what factors are considered by family courts when making custody decisions.

Children's Needs

The primary consideration for any custody decision is the best interest of the children involved. Family courts will consider many factors when determining what is in a child's best interest. These include the children's needs, such as their physical and emotional health, educational requirements, and relationships with both parents.

When deciding on full custody arrangements, family courts will take into account whether one parent can provide better care for the children than the other. For example, if one parent has a history of substance abuse or mental illness that could negatively impact their ability to care for their children properly.

Stability of Each Parent's Home

Another essential factor considered by family courts when awarding full custody is each parent's stability at home. The court will evaluate which parent can provide a stable home environment that meets the children's needs.

This includes factors like housing stability and financial security. The court may consider whether each parent has a safe place for the children to live and whether they have enough income to provide for their basic needs.

Relationship between Children and Each Parent

The relationship between each parent and their child or children is also an important factor when determining full custody arrangements. Family courts will look at how involved each parent has been in their child's life up until this point.

If one parent has been more active in raising their child or has had a closer relationship with them than the other parent, this may be taken into account when awarding full custody.

Legal Father's Rights

It is important to note that the legal father has the same rights as the mother in family law cases regarding custody. This means that if you are the child's father, you have an equal chance of winning full custody as the mother does.

The court will evaluate both parents' ability to provide a stable and safe home environment for their children, regardless of gender.

The Final Decision

Ultimately, the final decision on custody is based on what is in the best interest of the children involved. Family courts will take into account all relevant factors when making this decision.

If there are extraordinary circumstances, such as abuse or neglect, these can be a deciding factor in awarding full custody to one parent over another. However, even if no such circumstances exist, family courts may still award full custody to one parent if it is deemed to be in the children's best interest.

Spouse's Needs and Circumstances

While family courts primarily focus on what is in a child's best interest when determining full custody arrangements, they also take into consideration each spouse's needs and circumstances.

This includes evaluating each spouse's work schedule and availability to care for their children. The court may also consider whether either parent has any other dependents they need to care for or any special needs that require extra attention.

Tips for Preparing for a Custody Battle in NY

Research and Hire a Reputable Divorce Lawyer in NY Who has experience representing clients in Custody Cases.

One of the first things you should do is research and hire a reputable divorce lawyer who specializes in custody cases. A good lawyer can help guide you through the process, provide legal advice and representation, and work to protect your rights as a parent.

When looking for a lawyer, it's important to find someone with experience handling custody cases in New York. You'll want to look for someone who has a track record of success, good reviews from past clients, and who you feel comfortable working with.

Once you've found a lawyer you like, be sure to provide them with all the necessary information about your case. This includes any evidence or documentation that may support your case, such as financial records, medical records, school records, and any other relevant documents. It is also important to be aware of the New York child custody laws when discussing your case with your lawyer.

Gather All Necessary Documents to Support Your Case

In order to win full custody of your child in New York, it's important to gather all necessary documents that can help support your case. This includes financial records such as tax returns and bank statements that show your ability to financially care for your child.

Medical records are also important as they can show any health issues or special needs that your child may have. School records can demonstrate academic performance or extracurricular activities which may be impacted by the custody decision.

It's important to keep all these documents organized and easily accessible so that they are readily available when needed during the custody battle.

Document Any Evidence of Neglect or Abuse Towards the Child

If there is evidence of neglect or abuse towards the child by the other parent or caregiver, it's crucial to document this information thoroughly. This may include police reports or medical documentation if there have been injuries sustained due to abuse.

If there are any witnesses who can attest to the abuse or neglect, it's important to gather their statements and contact information. This evidence can be used in court to support your case for full custody.

Prepare Yourself Emotionally for the Custody Battle

Preparing emotionally for a custody battle is just as important as preparing legally. It's essential that you take care of yourself during this time, seek therapy or counseling if needed, and lean on friends and family for support.

It's also important to stay focused on what is best for your child. Remember that the goal of the custody battle is not to "win" against the other parent but rather to ensure that your child has a safe and stable home environment.

The Role of the Attorney for the Child (AFC) in NY Custody Cases

What is an AFC?

In New York custody cases, the court may appoint an Attorney for the Child (AFC) (formerly called law guardian) to represent the interests of the child. The AFC is an attorney who gathers evidence, interviews witnesses, and makes recommendations to the court about custody arrangements. It is important to note that the AFC's role is not to advocate for either parent, but rather for what the child wants.

Why Choose a Reputable Law Firm with Experienced Attorneys?

Hiring a reputable law firm with experienced attorneys who have a track record of success in custody cases involving AFC’s (formerly law guardians) can make all the difference. The right attorney will know how to work with the AFC and present your case in a way that aligns with your child's best interests.

A good attorney should be able to provide you with examples of their past successes and explain how they plan on working with your family's unique situation, while keeping in mind the nuances of New York child custody laws. They should also be transparent about their fees and any potential challenges you may face during your case under these specific laws.

How Does an AFC Determine Custody Arrangements?

The primary goal of the Attorney for the Child (AFC) is to advocate for the child. To do this, they will gather information from various sources, including both parents, teachers, doctors, and other individuals involved in the child's life. They may also conduct home visits and observe interactions between each parent and child.

Once all relevant information has been gathered, the AFC will make recommendations to the court regarding custody arrangements. While these recommendations are not binding, they carry significant weight with judges who rely heavily on them when making final decisions.

Presenting Yourself in Court for a Custody Hearing in NY

Dress Appropriately and Be Punctual

When presenting yourself in court for a custody hearing in NY, it is important to dress appropriately and be punctual. The way you present yourself can have an impact on the judge's perception of you as a responsible parent. Dressing professionally shows that you take the hearing seriously and are willing to put your best foot forward. Being punctual also demonstrates respect for the court's time and shows that you are reliable.

Have All Necessary Documents Organized

Having all necessary documents organized is crucial when presenting yourself in court for a custody hearing in NY. Some of the key documents include the custody petition, prior orders, visitation schedule, and any other relevant legal paperwork. It is important to ensure that these documents are complete, accurate, and up-to-date.

Hire a Family Law Attorney

Hiring a family law attorney can greatly increase your chances of winning full custody in NY. A skilled attorney can provide legal guidance and represent you in court, ensuring that your rights are protected throughout the process. They can also help you navigate complex legal issues such as child support, visitation rights, and other matters related to custody.

Be the Primary Caregiver

Being the primary caregiver can be a significant factor. The courts prioritize the best interests of the child above all else, so if you are able to demonstrate that you have been actively involved in your child's life and have provided consistent care over time, this could work strongly in your favor.

Remain Calm and Respectful During the Hearing

During the custody hearing itself, it is important to remain calm and respectful towards everyone involved - including the judge - no matter how emotional or stressful things may become. Losing your temper or acting defensively could harm your case by making you appear unstable or unreliable. Instead, focus on presenting your case in a clear and concise manner, sticking to the facts and avoiding unnecessary drama.

Factors Considered by the Judge

When making a decision about custody in NY, the judge will consider various factors such as each parent's relationship with the child, their living situation, and their ability to provide for the child's basic needs. The court may also take into account any history of domestic violence or substance abuse that could impact the child's safety or well-being. Ultimately, the goal is to determine what is in the best interests of the child based on all available evidence.

The Importance of Evidence in Winning Custody Cases in NY

Evidence is Crucial in Custody Cases

Winning custody cases in New York is not an easy feat. The court decides custody cases on a case-by-case basis, and evidence is the key factor that influences their decision. Without strong evidence, it's almost impossible to win full custody in NY.

The findings of the court are based on the strength of the evidence presented by both parties. Therefore, it's essential to gather and present relevant and admissible evidence to support your case and increase your chances of winning full custody in NY.

Types of Evidence to Present

There are different types of evidence you can present during a custody battle. These include:

1. Witness Testimonies

Witness testimonies can be powerful pieces of evidence when they come from credible sources. They can attest to your parenting skills, character, and relationship with your child.

You can ask teachers, coaches, family members, friends, or anyone who has spent time with you and your child to provide statements about their observations or experiences.

2. Documentation

Documentation provides tangible proof that supports your claims. You should gather documents such as school records, medical records, police reports (if any), emails or text messages between you and the other parent regarding parenting decisions or issues relating to your child.

Make sure that all documentation is up-to-date and relevant to the current situation.

3. Expert Witnesses

Expert witnesses can provide professional opinions on matters related to child custody disputes. For instance, if there are concerns about a child's mental health or development, an expert witness such as a therapist or psychologist may be called upon for evaluation.

4. Physical Evidence

Physical evidence includes anything that provides physical proof of a claim made by either party involved in the dispute; this could include photographs or videos depicting unsafe living conditions for children.

The Importance of Admissible Evidence

It's not enough to gather evidence; you must ensure that it is admissible in court. Admissible evidence is evidence that the court allows to be presented during the trial.

To be admissible, the evidence must meet certain criteria:

• Relevance: The evidence must relate directly to a fact or issue in dispute.

• Authenticity: The evidence must be what it purports to be and not fake or tampered with.

• Competency: The person presenting the evidence must have personal knowledge of it and understand its significance.

• Hearsay: Evidence presented by someone who heard about an event from another person is generally inadmissible unless there are exceptions.

Negotiating a Custody Agreement in NY

Understanding New York's Custody Laws and Regulations

Negotiating a custody agreement in NY involves understanding the laws and regulations of the state regarding New York custody and divorce. In New York, child custody is determined based on the best interests of the child. The court considers factors such as each parent's ability to provide for their child's needs, their relationship with the child, and any history of domestic violence or substance abuse.

It is important to have a basic understanding of these laws before entering into negotiations. This will help you better understand your rights as a parent and what you can reasonably expect from the process.

What is a Custody Agreement?

A custody agreement is a legally binding document that outlines the terms of child custody and visitation agreement in New York State. It can be reached through negotiation between parents.

The agreement should include details about physical custody (where the child will live) and legal custody (who will make decisions about the child's upbringing). It should also address visitation schedules, holiday arrangements, transportation arrangements, communication between parents, and any other relevant issues.

Joint Custody vs. Sole Custody

Joint custody is an option for parents who can work together to make decisions about their child's upbringing. However, true joint custody is rare in New York. More commonly, one parent has primary physical custody while both parents share legal decision-making responsibilities.

Sole custody means that one parent has both physical and legal custody of the child. The other parent may have visitation rights but does not have decision-making authority over important aspects of their child's life.

Consult with an Attorney

It is important to consult with a divorce attorney who has experience negotiating custody agreements to ensure that your rights are protected and that the agreement is fair. An experienced attorney can advise you on your legal options, help you negotiate effectively, and represent you in court if necessary.

Flexibility and Compromise

Work schedules and the relationship between the parents can impact the negotiation process, so it is important to be flexible and open to compromise. Both parents should be willing to work together to create a custody agreement that meets their child's needs.

Joint Legal Custody

Joint legal custody allows both parents to make decisions about their child's education, healthcare, and other important aspects of their life. This type of custody can be beneficial for children because it allows them to maintain strong relationships with both parents.

However, joint legal custody may not be appropriate in all situations. If there is a history of domestic violence or substance abuse, for example, one parent may need to have sole legal custody to ensure the safety and well-being of the child.

Common Mistakes to Avoid in a NY Custody Battle

Not Hiring a Lawyer

One of the most significant mistakes you can make in a custody battle is not hiring a lawyer. While it may seem like an unnecessary expense, the reality is that navigating the legal system on your own can be extremely challenging. A lawyer who has experience in family law can help you understand your rights, provide guidance on how to present your case effectively, and negotiate with the other party's attorney.

Ignoring Issues Related to Domestic Violence or Abuse

Another common mistake people make when fighting for custody is ignoring issues related to domestic violence or abuse. If there has been any history of violence or abuse between you and the other parent, it's essential to address these issues head-on. Failing to do so can have serious consequences for both you and your child.

In New York, courts prioritize the safety and well-being of children above all else. If there are any concerns about domestic violence or abuse, they will take them very seriously. It's critical to work with a lawyer who understands how these issues can impact your case and can help you present evidence effectively.

Failing to Consider the Best Interests of the Child

When making decisions related to custody battles, it's essential always to consider what is in the best interests of your child. This means putting aside personal feelings towards the other parent and focusing on what will be best for your child's long-term well-being.

For example, if one parent wants sole custody but works long hours and cannot provide adequate care for their child, this may not be in that child's best interest. Similarly, if one parent wants to move out of state with their child but doing so would mean disrupting important relationships with extended family members or friends, this too may not be seen as being in the child's best interest.

Refusing to Cooperate With The Other Parent

It's crucial always to be cooperative and responsive when dealing with the other parent during a custody battle. Refusing to answer their questions or being uncooperative can make you appear unreasonable, which may harm your case.

Remember that the court wants to see that both parents are willing to work together in the best interests of their child. If one parent is seen as being uncooperative or difficult, this can reflect poorly on them.

Disregarding The Importance of Maintaining Relationships Between Siblings

Finally, it's essential always to consider the importance of maintaining relationships between siblings when fighting for custody. Courts generally believe that it's in a child's best interest to maintain strong relationships with their siblings whenever possible.

If one parent is seeking sole custody but doing so would mean separating siblings, this may not be viewed favorably by the court. It's crucial always to keep this in mind when making decisions related to your case.

Modifying or Enforcing a Custody Order in NY

Understanding Custody and Visitation Orders

A custody order is a legal document that outlines the terms of custody and visitation for parents in New York. It specifies which parent has legal and physical custody of the child, as well as the schedule for visitation with the non-custodial parent. Visitation orders are also included in custody orders, and they indicate how often the non-custodial parent can see their child.

Violating a Custody or Visitation Order

If one parent violates the custody or visitation order, the other parent can file a violation petition with the court. The petition must include specific details about how the other parent violated the order, such as not returning the child on time or denying visitation altogether. Once filed, a hearing will be scheduled to determine if there was indeed a violation.

If it is determined that there was a violation, then penalties may be imposed on the violating parent. If there is evidence that one parent consistently violates court orders, it could impact future decisions made by judges regarding custody arrangements.

Modifying Custody Orders

New York laws allow for modification of a custody order if there has been a substantial change in circumstances since the original order was issued. Some examples of substantial changes include:

• Relocation: If one parent wants to move out of state or to another city far away, and it impacts visitation, a relocation petition may be brought to modify the prior order. Relocation Petitions have a high burden of proof.

• Change in Work Schedule: If one parent’s work schedule changes drastically (e.g., from working during normal business hours to working nights).

• Health Issues: If either parent suffers from health issues that make it difficult to care for their child.

• Substance Abuse: If one parent develops substance abuse issues after an initial custody order.

• Domestic Violence: If either party experiences domestic violence after an initial custody order.

To request a modification, a parent must file a petition with the court and provide evidence of the substantial change in circumstances. The court will then schedule a hearing to determine if there has indeed been a substantial change and whether or not it warrants a modification to the custody order.

Enforcing Custody Orders

If one parent fails to comply with a custody or visitation order, the other parent can file an enforcement petition with the court. This is similar to filing a violation petition, but instead of accusing the other parent of violating an order, it requests that the court enforce it.

Once filed, the court will schedule a hearing to determine if there was non-compliance with the custody order. If it is determined that there was non-compliance, then penalties may be imposed on the non-compliant parent.

Resources Available for Parents Involved in a Custody Case in NY

Custodial Parent: Understanding Your Rights

As a custodial parent, you have the right to make important decisions regarding your child's upbringing, such as education and healthcare. You are also responsible for providing your child with food, clothing, and shelter. However, it is important to note that being a custodial parent does not automatically entitle you to sole custody of your child.

If you are seeking sole custody of your child in NY, you will need to present evidence that shows it is in the best interests of your child. This can include factors such as the relationship between you and your child, the stability of your home environment, and any history of abuse or neglect by the other parent.

Visitation Rights and Parenting Time

Non-custodial parents may still have visitation rights or parenting time with their child. The court will typically determine these arrangements based on what is in the best interests of the child.

Visitation schedules can vary depending on the specific needs of each family. For example, some families may choose to have alternating weekends while others may opt for mid-week visits. It is important for both parents to be flexible and willing to work together when creating a visitation schedule.

If one parent fails to comply with the visitation schedule or interferes with the other parent's parenting time, legal action can be taken.

Accessing Resources: Legal Aid, Mediation Services, and Parenting Classes

Parents involved in a custody case in NY can access various resources to help them navigate the legal process and reach an agreement that benefits their child.

Legal aid organizations provide free or low-cost legal assistance to individuals who cannot afford an attorney. These organizations can help parents understand their rights and responsibilities during a custody case.

Mediation services offer an alternative dispute resolution method where both parties meet with a neutral third-party mediator who helps them reach a mutually beneficial agreement. Mediation can be a less stressful and more cost-effective option than going to court.

Parenting classes can also be helpful for parents involved in a custody case. These classes provide guidance on how to co-parent effectively and prioritize their child's needs during the process.

Prioritizing Your Child's Best Interests

Regardless of the resources available, it is important for parents to prioritize their child's best interests throughout the custody process. This means putting aside personal differences and working towards an agreement that benefits the child both now and in the future.

Parents should also keep in mind that custody arrangements are not set in stone. As children grow and circumstances change, it may be necessary to modify the custody agreement to better meet their needs.

How to Win Full Custody in NY

If you are seeking full custody of your child in New York, it is important to understand the laws and factors that are considered in these cases.

Understanding Child Custody Laws in New York

In New York, child custody is determined based on what is in the best interest of the child. This means that the court will consider a variety of factors when making a decision, including each parent's ability to care for the child and their relationship with them.

Types of Custody Arrangements in NY

There are two types of custody arrangements in NY: legal custody and physical custody. Legal custody refers to the right to make major decisions about the child's life, while physical custody refers to where the child lives.

Factors Considered in Winning Full Custody in NY

To win full custody in NY, you will need to demonstrate that it is in your child's best interest for you to have sole legal and physical custody. Factors that may be considered include your living situation, income stability, parenting skills, and any history of abuse or neglect.

Tips for Preparing for a Custody Battle in NY

Preparing for a custody battle can be stressful and overwhelming. Some tips include gathering evidence to support your case, working with an experienced divorce or family law attorney, and maintaining a positive relationship with your child.

The Role of the Attorney for the Child (AFC) in NY Custody Cases

An AFC is appointed by the court to represent the best interests of the child during a custody case. They may conduct interviews with both parents and other individuals involved with the child's life before making recommendations to the court.

Presenting Yourself in Court for a Custody Hearing in NY

When presenting yourself at a custody hearing, it is important to dress appropriately, be punctual, and remain calm and composed. You should also be prepared to answer questions about your relationship with your child and your ability to provide for them.

The Importance of Evidence in Winning Custody Cases in NY

Evidence is crucial in winning a custody case in NY. This may include witness statements, financial records, school or medical records, and any other documentation that supports your case.

Negotiating a Custody Agreement in NY

If both parents are willing to negotiate a custody agreement outside of court, this can be an effective way to avoid the stress and expense of a custody battle. It is important to work with an attorney who can help you negotiate terms that are fair and reasonable.

Common Mistakes to Avoid in a NY Custody Battle

Some common mistakes to avoid during a custody battle include speaking negatively about the other parent in front of the child, failing to comply with court orders, and making decisions based on emotions rather than what is best for the child.

Modifying or Enforcing a Custody Order in NY

If circumstances change after a custody order has been issued, it may be possible to modify the order. Similarly, if one parent is not complying with the terms of the order, enforcement actions may be taken.

Resources Available for Parents Involved in a Custody Case in NY

There are many resources available for parents involved in a custody case in NY. These include legal aid organizations, counseling services for children and families, and support groups for parents going through similar situations.

FAQs

How long does it take to win full custody?

The length of time it takes to win full custody varies depending on individual circumstances. It may take several months or even years if there are complex issues involved.

Can I represent myself in a custody case?

It is possible to represent yourself in a custody case; however, it is generally not recommended unless you have extensive knowledge of family law.

What is the difference between legal and physical custody?

Legal custody refers to the right to make major decisions about the child's life, while physical custody refers to where the child lives.

How can I gather evidence for my case?

You can gather evidence for your case by collecting documents such as financial records, school or medical records, and witness statements. You may also want to consider hiring a private investigator.

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