NYC Child Custody Attorney

Family Lawyer in New York City for Child Custody Matters

Arguing husband and wife with upset child

The most difficult part of a divorce where children are involved is the separation of the children from each parent. It breaks our hearts as parents, and causes immeasurable anguish and fear for most children. At H. Benjamin Perez & Associates, P.C., P.C., we understand how hard it is to part with your daily routine of living with your children. Our family law attorneys in New York City strive to keep you connected with your children throughout the divorce process and after the final decree has been signed by a judge.

Getting a fair child custody arrangement can be extremely difficult if one of the parties is not represented by counsel. The court will attempt to do what is in the best interest of the children, but without a qualified and experienced family law attorney fighting for your rights as a parents, situations arise which are almost impossible for the layperson to overcome.

Accusations of irresponsible behavior, drug use, alcohol abuse, or other illegal behavior are often leveled at one parent in an effort to discredit them and keep them away from their most cherished relationships, those of their children. Without legal representation, parents can be steamrolled by opposing counsel and end up losing most if not all of their rights as a custodial parent.

H. Benjamin Perez & Associates, P.C. is the right choice for you, here are some reasons why:

  • Attorney Perez has a 10.0 "Superb" Avvo Rating
  • We've received the Avvo® Client's Choice Award
  • Our clients come first

When partnered with our firm, you can rest assured that we are fighting for you. Our main priority is helping our clients and our Avvo ratings and awards are proof of the quality legal representation that we provide to clients.

Contact us at (646) 770-0989 for help in your custody battle!

How is custody determined in NYC?

Generally, the court will come up with some sort of visitation custody arrangement where both parents are involved in the children's lives. There are certain situations; however, in which the children are in danger while in the care of one parent, such as cases in which the father or mother is an alcohol or drug addict, suffers from mental illness, or has a history of committing acts of domestic violence or abuse. Even then, the court may order chaperoned visitation. Other times, one parent may receive sole custody and the other 'unfit' parent will not.

The guiding principle in child custody court decisions will be based upon what is deemed to be in "the best interests of the child." Your own concerns about the safety of health of your children are far less important if not supported by substantial evidence and testimony. If you believe that your children are in any way endangered while in the care of the other parent, it is imperative that there is compelling evidence presented to the court that fully supports this claim.

Types of Child Custody

There are several types of custody arrangements that are common under state law such as:

  • Joint Physical Custody: The child has two homes and spends time at each residence
  • Joint Legal Custody: Parents have shared custody and share decision making for certain aspects of the child's life
  • Legal Custody: One or both parents have the legal ability to make decisions (medical, religious, schooling, etc.)
  • Sole Custody: This is sought after in situations where it is unsafe for the other parent to be around the child

The court will follow a specific formula if you have not been successful in working out these details with the other parent. As the best interests of the child are of greatest concern, you can expect the court to question you heavily if your parenting plan does not appear to reflect this approach. Our firm is highly skilled in all custody matters, and is prepared to assist you immediately. If you have questions or concerns about this process, contact us and we can advise you how to proceed with pursuing your objectives regarding the custody of your child.

Child Custody Attorney in NYC

Once a child custody arrangement is actually reached, disgruntled ex-spouses are notorious for using the children as a weapon against their ex-spouse. Without savvy, skilled legal representation, the results can be disastrous for the children as well as the targeted parent. Don't let yourself be run over by another lawyer or your ex-spouse in a court of law. The court can only do so much for you on your behalf. Many parents expect the courts to protect their child custody interests for them, but this is rarely the case. You must have a competent, highly trained advocate in your corner in order to ensure that your children's best interests are looked after. Contact our firm today to schedule an evaluation of your case or call us at (646) 770-0989.