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Bronx Child Custody Attorney

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Child custody can be a highly contentious part of any divorce. When parents cannot reach an agreement, the court must step in to settle the matter. This can lengthen an already stressful event and be emotionally exhausting to all parties.

If you are divorcing and need experienced legal help with child custody or child support, contact the Law Offices of Vivien I. Stark. Our child custody attorneys can work with you to de-escalate a potential conflict or represent you in your custody trial.

The attorneys at the Law Offices of Vivien I. Stark in New York are:

  • Professional and trustworthy;
  • Experienced in all areas of child custody and family law and
  • Able to provide client-focused, realistic legal solutions to child custody issues.

Schedule your confidential consultation with one of our Bronx child custody attorneys today to learn more about our personalized services.

How a Bronx Child Custody Attorney Can Help

There are several reasons it is imperative to retain an experienced child custody attorney. The first is your relationship with your children. Your child custody case will determine your ongoing legal and residential relationship with your children. A child custody attorney from the Law Offices of Vivien I. Stark will ensure your desires and evidence to support your arguments for your positions on these points are clear to the court.

Your child custody attorney from the Law Offices of Vivien I. Stark will also help with the following:

  • A speedier case resolution;
  • Strategic arguments and counter-arguments at hearings or a trial;
  • Calculation of appropriate child support;
  • A complete custody and visitation plan that meets all statutory requirements.

The legal system is complicated; having the proper legal representation is crucial. Reach out to the Law Offices of Vivien I. Stark now to discuss the specifics of your New York child custody case.

Types of Child Custody in the Bronx

There are two types of child custody in the Bronx: physical and legal child custody. Parents may be awarded joint or sole physical or legal custody rights regarding their children.

Physical Custody

Physical custody refers to where a child resides. A parent with primary physical custody lives with their child. Parents can have joint physical custody, or one parent may have sole physical custody.

In the Bronx, NY, joint physical custody is when both parents spend substantial parenting time with their child. This does not mean the parents spend equal time with their child.

Legal Custody

Legal custody is the ability to make major educational, medical, religious, or legal decisions on a child’s behalf. It is usually in a child’s best interests for parents to share legal custody.

How We Create a Fair Child Custody Agreement

It is our belief that we work towards a child custody agreement that benefits all the best interests of the child. We understand that every child is different and that each family is different. That is why we work so hard to fight for our client’s rights no matter the situation. We know the complexities of the law and how to create a fair child custody agreement. We take all of the following into consideration when drafting an agreement:

  • The age of the child and their developmental needs
  • The relationship the child has with each parent
  • The ability of the parents to communicate effectively with each other and cooperate in raising their child
  • The work schedule of each parent and how much time they have available to dedicate to the child
  • The educational and extracurricular needs and schedule of the child

We aim to create a child custody agreement that helps the child and both parents thrive. We want the agreement to promote stability, positive relationships between you and the child, and consistency in your lives, and especially the life of your child.

The Benefits of a Fair Child Custody Agreement

When we are able to craft a fair child custody agreement that both parents can get behind, you and your child will reap the benefits, which can include the following:

  • A reduction in possible future conflicts
  • Clearly outlined guidelines for how parenting decisions will be made and how parenting time is to be divided
  • A routine your child can follow
  • A sense of security for everyone involved
  • The flexibility to make accommodations or changes when they occur

When you are ready to discuss a child custody agreement with the other parent of your child, be sure you talk to the experienced Bronx child custody attorney at the Law Offices of Vivien I. Stark. Our team is here to guide you through the process, answer your questions, and ensure that your rights are protected at all times.

How Is Child Custody Decided in the Bronx?

Should the agreement we create not be approved by the other parent, we will then work toward a resolution in the court system. When working with a child custody attorney from our firm, we will always keep you up to date on the legal process of your custody battle. However, many of our clients know that child custody can be complex. Every case is a bit different based on the circumstances involved. However, your Bronx judge will use the following information to make a decision about how to award custody in your child’s case.

  • The child’s best interests (listed on this page)
  • The income of each parent and their ability to provide for the financial needs of the child
  • The overall health of each parent, including any limitations that could make caring for the child more challenging
  • The overall health and well-being of the child and what environment may be best suited for the child’s long-term well-being
  • The location of the parents and whether or not that location allows the child to remain within their current school system or within their social circle
  • The ability of the parent to obtain and maintain insurance to support the child’s needs
  • The relationship that the child has with each parent
  • Each parent’s willingness to support a positive relationship for the child with their other parent

The safety and both mental and physical health of the child are paramount in every child custody case. Yet, you may not believe that what the other parent believes is the best for them. We encourage you to provide your child custody attorney with all of the information necessary to protect your child’s rights to a safe, healthy environment.

Will Your Child Be Able to Say Who They Wish to Live With?

One of the most important factors a judge considers when making child custody decisions is what is in the best interest of a child. Ultimately, the judge defines what that is. However, there are times when the judge will listen to and take into consideration the child’s wishes. A child that is at least the age of 12 or over is often given an opportunity to voice their opinion on where they wish to live. However, this information is considered alongside all other data to determine what the ultimate ruling is.

As a parent, you may expect that your child would say they want to live with you. However, most children love both parents. Avoid putting them into a position where they have to make a decision. There are many situations where it is clear that the child should not be with the other parent, and it can be worth the child stating that to the judge.

What is best for you or what your child believes is best for them is often dependent on many factors. By presenting the judge with a clear picture of what opportunities the child has with you, it becomes possible to ensure all of their needs are met. Our legal team will work closely with you to ensure that a judge can make the best possible decision for the child.

What is an Emergency Application for Child Custody?

It is possible to seek emergency temporary child custody with the help of a Bronx child custody attorney. The situations where this might be possible include the following:

  • If you notice that your child is being abused
  • If you fear that the other parent is going to relocate with the child without permission
  • If your child is in imminent danger when they are with their other parent

At the Law Offices of Vivien I. Stark, our Bronx child custody attorney can help you file for an emergency application for child custody. We will work hard to show the reasons why you believe your child is in danger and build a strong case to ensure that the rights of you and your child are protected at all times. Call us today to schedule a consultation to discuss your case in detail.

Visitation in the Bronx, New York

Parents generally file and are awarded visitation rights as part of a divorce, custody, or paternity case. There are typical minimum visitation schedules for parents without primary physical custody, or the judge may award another schedule as appropriate.

Parents are entitled to regular and consistent visitation with their children. In cases where the judge is concerned about a child’s safety, they can order supervised visitation at an agency or under the supervision of a mutually agreed-upon third party.

The Child’s Best Interests

Child custody in New York is awarded based on the child’s best interests. In determining the child’s best interests, the court will look at the following factors and more:

  • Each parent’s relationship with the child;
  • The child’s relationship with siblings and extended family members;
  • The child’s ties to their school, home, and the community;
  • Each parent’s role in caring for the child;
  • The child’s special needs, if any;
  • Each parent’s age, physical and mental health;
  • The parents’ geographical proximity (for joint custody arrangements);
  • Each parent’s stability;
  • Each parent’s willingness to foster a relationship between the child and the other parent;
  • Either parent’s history of domestic abuse and
  • Any other factor relevant to the child’s well-being.

A parent’s gender is not relevant to a custody decision.

Modification of Child Custody in New York

Once child custody orders are in place, they remain until a child ages out, is emancipated, or the custody order is modified. Either parent can file a request with the court to modify custody. However, a judge will only consider a custody modification if there is a material change in circumstances that substantially affects the child’s best interests.

Contact an Experienced Bronx Child Custody Attorney

If you are in the midst of or soon to be facing child custody challenges, the experienced Bronx divorce attorneys at the Law Offices of Vivien I. Stark can help. We have the knowledge, skills, and resources available and will work diligently on behalf of you and your children.

Contact our law group today to discuss your Bronx child custody or child support issues. Our New York lawyers will gladly answer your child custody questions and address your most pressing legal concerns.

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