Experienced Child Custody Advocacy
In most divorces, child custody and parenting-time issues quickly become areas of conflict. You are imagining a future you never thought possible, and you’re unsure what is coming next. Brettschneider & Brettschneider LLP listens to your concerns and honestly assesses all the options for your situation. Through negotiation, mediation or litigation, we help clients throughout New York fight for their rights and their children.
Keeping The Best Interests Of The Child At The Forefront
Courts once favored mothers when awarding child custody, but this is no longer the case. New York courts now determine custody based upon the “best interests of the child” standard and consider numerous factors, including:
- The current custody arrangement
- The location of each parent
- The child’s living environment with each parent
- The location of the child’s school and friends
- The level of care that each parent is able to give to the child
- The effect of a sibling separation
- The child’s preference (if old enough to express one)
- Parental fitness, including issues of substance abuse or domestic violence
When looking at your case, it is important to know that the court looks objectively at each parent. Brettschneider & Brettschneider LLP has helped both mothers and fathers obtain custody of their children after divorce or when parents are unmarried.
Understanding Custody Rights: Legal Vs. Physical
In some cases, parents create a custody agreement that involves a combination of physical and legal custody. Physical custody refers to the parent with whom the child primarily resides. Legal custody refers to the decision-making power regarding the medical care, religion, education and general upbringing of the child. The custody arrangements depend on your situation and what works best for the child.
Over the last 33 years, our firm has learned that it is better for parents to negotiate or mediate child custody issues, rather than having a judge make such crucial decisions. At Brettschneider & Brettschneider LLP, we will work to minimize the conflict and help you find a resolution.