When it comes to any divorce or legal separation, child custody is one of the most contested matters. It can be extremely difficult if you and your spouse are unable to agree on who will have primary custody and who will have legal custody. In the case that you are not married to the other parent of your child, obtaining custody can be problematic without proper representation. If you are currently involved in a divorce or other family law case, it is essential that you act quickly to hire a Bronx child custody attorney.
How is Child Custody Determined?
The best case scenario in any divorce or legal matter involving child custody is if you and the other parent can remain amicable and come up with a proposed child custody and visitation agreement. If you and the other parent of your child are unable to decide who should have custody, the decision is left to the family court. The family court attempts to do what is best for the child and tries to involve both parents whenever possible.
A few factors that they may consider include:
Which parent the child prefers to live with
The parent’s physical and financial ability to support the child
The financial situation and income of each parent
The needs of the child (health, education, etc.)
If there is any history of domestic abuse or drug use
Understanding The Child Custody Process in New York
Typically, custody is separated into legal custody and physical custody. Legal custody refers to which parent has the right to make decisions about their welfare, religion, education, and health. Physical custody involves which parent the child will live with. Depending on the circumstances of your case, you may be awarded joint custody, primary (sole) custody, or another type of custody situation.
Helping you secure your visitation rights
As a parent, spending time with your children is not only important to you but a vital part of their upbringing. At The Law Firm of Robert Gross Esq. P.L.L.C., we help parents and family members in all types of situations. Whether you are a custodial parent seeking to prevent the other parent from impinging on your rights or a noncustodial parent seeking rights, we can help. The visitation rights attorney is extremely competent and knowledgeable about the laws which can affect your parental rights.
Our firm represents a wide range of clients looking to obtain visitation rights, including:
Establishing Visitation Schedules in New York
In most cases, the court awards some type of visitation rights to the parent who does not have physical custody. Typically, the court still wants parents who are divorced, separated, or have never been married to both be in contact with the children if they are both willing and interested. If you are having difficulty establishing parental rights or struggling with the visitation schedule which has been given to you, we can help you to appeal or modify the decision.
Representation for Problematic Visitation Cases
Although the court typically tries to involve both parents in the child’s life, there are some cases where they will not grant visitation rights. If you believe the other parent of your children could be causing harm to them, such as in the case of domestic abuse, alcohol abuse, or drug use, it is vital that you retain representation. We can gather evidence to present a case to the court illustrating why your ex-spouse or the other parent should not be around your child.
Our firm is prepared to help with any type of child support situation. Whether you are a custodial or noncustodial parent with a child support issue which needs to be resolved, we can help. In addition, we can assist if you are trying to determine custody as part of a divorce, in a post-divorce situation, or as an unmarried parent in a paternity case.
Attorney Robert Gross can advise you on all of the legal aspects regarding child support in your situation and represent you in any court proceedings. Our firm focuses on family and divorce law exclusively, which means that we are current and well-versed in case law and court procedure concerning this issue.
Do I Qualify For Child Support?Thousands of parents pay or receive child support across New York City, but many people are still unaware of some basic facts of such as:
Under New York law, parents are required to provide financial support for their children until they are 21. Child support includes cash payments based on one’s income and the needs of the child, health insurance or medical support for the child, payments for child care, and payments for health care costs that may not be covered by health insurance.
- Child support typically continues until the child is 21, unless the child is married, in the military, or self-supporting before they turn 21
- The parent with legal custody is able to file for child support
- If you receive a support order, you have 30 days to file an Objection with the court. The family judge will then decide what is best for the child.
Factors Determining the Amount of Support PaidOne of the most common questions asked by parents is how the court determines the amount of support to be paid. The family judge will consider such factors as:
It is the duty of Family Courts to determine the amount of child support payments that a noncustodial parent will be required to pay. If you have questions about your unique situation, contact to discuss your case with an experienced attorney!
- The emotional and physical needs of the child
- The financial resources of both parents
- The child’s standard of living before the divorce
- Any special needs the child may have
- Whether one parent has substantially less income than the other parent
- Whether the noncustodial parent is paying support for any other children
New York Child Support GuidlinesStandard guidelines are used by New York courts to determine child support payments. These guidelines are based on the adjusted gross income of the parent and the number of children involved. For those with an income exceeding $130,000 annually, the court will decide whether or not to use the guidelines and may consider additional factors in calculating child support.New York maintains a Child Support Enforcement Program which has been established to collect and distribute support payments, enforce child support orders, and provide procedures to obtain court orders for child support.
Establishing Paternity? We can help!
Unfortunately, for some couples, the law does not assume that you are the father of the children. This means that the courts cannot enforce child support payments, nor can they acknowledge the traditional roles of paternity.
Why is it important?
Once paternity has been established, both unmarried parents are given the same rights as parents who are married. The child benefits immensely from paternity establishment, knowing that he or she will receive emotional support and financial assistance. It also gives the father many legal rights, such as the right for the child to take his last name.
The other benefits of establishing paternity include:
By establishing paternity, you are also taking on the legal responsibility of being involved in the child’s life. Otherwise, the courts cannot grant you the right to visitation or custody. You have the chance to make critical decisions about the child’s livelihood, including where they will live, where they will attend school, religious preferences, and extracurricular activities as well. Attorney Robert Gross understands how important it is for you to be part of your child’s life.
- Parents get to share responsibility for parenting
- The children can benefit from both parents’ financial security
- The children can receive medical insurance under the father
- The right to have the father’s name on the child’s birth certificate
- The right to child custody and visitation rights
Get a Trusted Attorney on Your Case!We offer high-quality, professional, and friendly legal counsel. Robert Gross Esq. works with clients one-on-one to familiarize himself with the situation and help them find an outcome that suits their family’s needs. With more than a decade of experience in family law and intimate knowledge of the local court systems, you can find comfort knowing that you have a knowledgeable and caring advocate by your side.
Orders of Protection
Representing victims of domestic violenceAre you afraid that you or your children are unsafe due to reckless or intentional behavior of your spouse, ex-spouse, or someone with whom you share a residence?An order of protection can protect you from a wide range of behavior, including:
- Child endangerment or abuse
- Sexual assault
What Does an Order of Protection Do?The purpose of an order of protection is to prevent the defendant (or accused individual) from ceasing any type of behavior which threatens you or your family. This may include anything from physical contact or assault to stalking and harassment. The bottom line of an order of protection is that the individual in question will not be permitted to contact you or come in your vicinity at all.An order of protection can prohibit the defendant from the following:
- Writing you letters or sending you mail
- Sending emails or any electronic communication
- Visiting your home, school, or work
- Contacting your children
Aggressively Protecting Your Children From AbuseDepending on the circumstances of your situation, a judge may be able to use an order of protection to protect your child. If they believe that it is in your child’s best interest to not have contact with the defendant, we may be able to help you petition for custody or child support.
Contact Our Firm for Legal ProtectionWe understand that domestic violence can put you and your family in fear for your safety or your life. If you feel that your spouse or another person has threatened you and put you in danger, it is essential that you hire strong legal representation. Our firm is committed to helping you seek safety with an order of protection.