Merging the best interests of your child with your hopes and dreams as a parent
Money issues may be the chief cause of divorce in the U.S., but once the divorce starts, issues of child custody often take the lead. How your children will be raised, where they will go to school, their extracurricular activities and perhaps, most importantly, with whom they will live most of the time: these are matters that parents struggle with and fight over.
As New York City child custody lawyers, we guide you through the complex child custody legal system. In the best of all worlds, you and the other parent are able to work out an agreement that is suitable to both of you and meets the courts “best interest” requirements. We advocate for you to help keep your relationship with your children healthy and whole. And that’s what is in both your best interest and that of your children.
How Custody is Determined in NYC
The State of New York, like most other states, keeps the child’s best interest in mind when making a custody arrangement. The judge’s goal is to make a decision that provides the child with the most stable environment emotionally, financially, and educationally. When examining the case, the judge will review many factors to determine which of the two homes provides the best combination of these factors. The judge will consider the following:
Who the child wants to live with.
The will of each parent.
The child’s ability to adjust to a new environment and school.
If either parent has a criminal history, like drug use or abuse.
The mental and physical health of each parent.
The bond between the child and each parent.
The willingness of each parent to maintain a substantial relationship with one another on behalf of the child.
Any parent with a history of drug or alcohol abuse, or any history of neglect or physical abuse, will not be considered a stable guardian for the child. As such, it is extremely difficult for parents with this type of history to gain custody. Additionally, the court may rule that a parent must undergo counseling or treatment to have visitation rights. The financial state of each parent is not heavily considered, though their ability to support the child is. The court usually examines the custody arrangement prior to the divorce to determine the best situation.
Generally, any decision that will move the child out of state is not favored. When the court finally decides on a custody arrangement, it is not easily changed. Because of this, divorce attorneys try their best to get the parents to agree on an arrangement that would avoid the need to be seen by a judge. Vivien I. Stark assists parents with determining custody decisions, outlining arrangements, and preparing documents to make a fair decision for both parents.
As a New York City Child Custody Lawyer, Vivien I. Stark’s goal is to make the most fair and beneficial arrangement for all parties involved to avoid courts. In the event that a case does need to be seen by a judge, she will fight for her client aggressively.
Exceptional representation in Child Custody Cases
Vivien I. Stark understands the anxiety and confusion that ensues during a custody proceeding. A contested custody proceeding is one of the most stressful events in a person’s life, and it should be handled with compassion and fairness. She has over 30 years of experience as a custody attorney in New York City and is recognized as a top contributor and top custody attorney by AVVO.
Vivien I. Stark is committed to her clients and their well-being, and she provides skilled representation. In addition to providing divorce and family law expertise, Vivien I. Stark is also extensively experienced in child custody cases. Additionally, she has worked on more in-depth cases concerning children with special needs like ADD, ADHD, and autism. If you are going through a divorce and struggling to make difficult custody decisions, contact NYC Child Custody Attorney Vivien I. Stark today.
To discuss your needs, please contact us online or call us at (212) 349-1600 to schedule an in office or telephone consultation.
The Law Office of Vivien I. Stark, P.C. can assist you with the following areas of child custody: