There are numerous issues which must be considered when a couple decides
to obtain a
legal separation or
divorce. If there are children from the marriage, one of the most important matters
to resolve will be determining custody and parenting time. Despite its
importance, child custody is often one of the most contested and highly-disputed
aspect of divorce proceedings. Most parents want to maintain the exact
same relationship status they have established with their children over
the years. They don't always realize that the dissolution of their
marriage will not only impact the relationship with the former spouse,
but with their children as well.
Judges that preside over divorce cases and family law matters in New York
City have one primary objective in child custody, and that is seeing that
the children's best interests are the guiding principle in any decisions made.
Child custody decisions made by the court will reflect this focus on the children's
best interests. The parents' interests, requests and objections will
all be considered, but the final judgment made by the court will be done
in accordance with what is believed to be best for the children. Most
judges encourage joint or shared custody as this type of shared parenting
time is proven to provide more stability for the children. It also allows
both parents to continue playing an active and equal role in their children's
lives. In cases where joint custody is not in the children's best
interests, or one parent is unable to provide this level of parental involvement
due to work or other issue, the court will likely award one parent with
sole custody and award the other with visitation rights.
When filing for a legal separation or divorce, it is vital that you retain
legal counsel right away. A skilled NYC divorce attorney aggressively
advocating on your behalf is an important issue when protecting your parental
rights. Our firm has years of experience helping fathers and mothers in
all types of child custody cases. We have helped clients maintain a relationship
with their child, even though they had never legally adopted the child
during the term of the marriage. We have helped fathers establish paternity
so that they would be granted the same rights as the mother of a child.
We have also helped numerous clients with the protection of parental rights
so that they could continue playing a key role in the upbringing of the
children. If you need legal representation for a child custody or divorce case,
contact H. Benjamin Perez & Associates, P.C.