Syracuse Child Custody Lawyer
Visitation Attorney Protecting Family Bonds
The breakup of a marriage can be particularly complicated when children are involved. Maintaining their sense of stability and putting their needs first can become quite difficult when parents are at odds.
At Haddad Law Office, P.C., I recognize the high importance you place on your child's well-being. As a supportive Syracuse divorce lawyer, asserting your rights as a parent and protecting your family bonds is my first priority.
What sets my firm apart?
- Confidential consultations for clients
- Results-oriented legal counsel for custody cases
- One-on-one, compassionate legal counsel
Questions about your specific case? Call (315) 505-8176 today.
What Type of Custody Is Best for a Child?
New York courts have broad discretion when considering child custody orders. The judge will consider numerous relevant factors including the health of the parents and the child, each parent's capacity to care for the child, and the ability of the parents to co-parent.
Regardless if the parents come to court with a prearranged agreement or the courts create the plan entirely, the overriding principle is two-fold:
- Continued contact with both parents is preferred, except in cases of harm or abuse
- What would be in the best interest of the child's well-being
What Kind of Custody Can Be Granted in NY?
There are many types of custody granted in New York, with each type having its own available options. It helps to picture each term as a building block the courts can use to construct a custody plan. Custody terms include:
- Physical custody: Where the child will live. Sometimes referred to as residential custody, the child may live solely with one parent, or split time between two households.
- Legal custody: The right to make important decisions regarding the well-being of the child such as education and healthcare.
- Joint custody: Shared responsibility between both parents. Can be applied to either physical and / or legal custody.
- Sole custody: Matters pertaining to the child are the responsibility of only one of the parents. It can be applied to legal custody, physical custody, or both.
- Temporary custody: Awarded custody to one or both parents until the official divorce decree. The child custody order will nullify temporary custody at the finalization of the divorce.
- Visitation: The amount of time the child will spend with the parent who does not have primary physical custody. Visitation plans often include special provisions for holidays and vacations.
At What Age Can a Child Decide Which Parent to Live With in NY?
In New York, once children turn 18, they are no longer subject to a child custody order. Therefore, they can choose where they want to go. But, at the same time, many courts will only be able to influence the choice of a 16 or 17-year-old if the teenager has serious problems or their choice seems unreasonable.
As an experienced Syracuse divorce attorney, I realize the emotional and legal complexities involved in constructing an effective child custody plan. Harmonious negotiation is always my first priority, but I will not delay in taking any assertive action needed to protect my client and the relationship they have with their child.
If you need further information on the types of child custody options available to your family and you, contact Haddad Law Office, P.C. to arrange a consultation.
How Do You Enforce a Court Order for Visitation?
Sadly, many parents vindictively seek to hinder visitation or attempt to alienate their child from the other parent. Additionally, new employment or remarriages can compel parents to move out of state, taking their child out of proximity from the other parent. I recognize the devastating impact any obstruction to visitation can have on a parent.
I can provide the tenacious representation you need for cases involving maintaining contact with your child, including:
- Petitions for enforcement of visitation orders
- Modifications of orders
- Suspension of visitation due to exceptional circumstances, such as abuse or neglect
- Establishing paternity rights
- Blocking or granting relocation
Issues Involving Same-Sex Couples & Child Custody in NY
The Marriage Equality Act defined a new era for same-sex couples. While a giant step for equality, the legal implications are relatively undefined in numerous areas, especially in states where same-sex marriage has yet to be recognized.
Multiple factors come into play when the courts consider a custody petition brought forth by same-sex parents, including:
- Are both parents recognized as legal parents?
- Was the child born into a marriage or a registered civil union? And in which state?
- Was the child jointly adopted?
- If only one spouse or partner is the legal parent, what type of relationship has been established with the opposite spouse or partner?
Skilled & Considerate Child Custody Representation
If you are confronting any type of child custody issue, you need legal representation by an attorney who possesses a high level of experience in family law combined with thoughtful awareness and consideration to your parental rights and needs. Family courts are increasingly recognizing the need for creative custody arrangements to accommodate the best interests of the child. Skilled legal counsel by a Syracuse family law attorney keenly aware of all options available can be your best advantage.