NYC Child Custody Lawyers

Understanding New York City’s Child Custody Laws

New York City’s child custody laws are outlined in section 240 in the state’s domestic relations law. The child custody issues are separated into two custody areas: legal and physical child custody. According to the child custody laws, no parent has an advantage because of their gender. For instance, a woman does not have an advantage in a child custody case because she is the child’s mother.

What is Legal and Physical Child Custody in New York City?

When parents are no longer together, the decisions they would normally make as a couple would have to be granted to them. Legal and physical child custody are the rights that must be granted to each parent by a judge.

Legal Child Custody

Legal child custody is the parent’s right to make decisions about their child. These decisions range from where they attend school to if they are in an afterschool program or will have braces when they reach a certain age. A judge can grant one of two types legal child custody arrangements: sole and joint.

• Joint legal child custody: Granted to both parents. They have the right to make these important decisions about how their child will be raised together. If they cannot resolve the issue, they can seek help from the court by filing a motion.
• Sole legal child custody: Granted to only one parent. For instance, the father may receive sole legal child custody. This means only that parent has the right to make these important decisions.

Physical Child Custody

Physical child custody involves where a child will live while growing up in New York City. The other term for physical child custody is residential custody. Physical child custody is just like legal child custody, it is separated into sole and joint custody.

Spodek Law Group, P.C. - NYC Criminal Attorneys

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Based on 745 reviews

George Fernandez

14:16 30 Apr 24

Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.

Raj

21:33 24 Apr 24

If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!

Yelva Saint-Preux

19:26 19 Apr 24

I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.

Katherine Sun

18:08 18 Apr 24

my lawyer is Alex Zhik. Efficient, patient and professional

Nun ya

17:48 18 Apr 24

Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.

Keisha Parris

20:45 15 Mar 24

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

16:26 15 Mar 24

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!

K Mar

01:37 25 Jan 24

I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

• Sole physical custody: Gives one parent the right to live with their child all the time. The other parent receives visitation rights. Visitation rights allows the parent to visit with the child according to a predetermined schedule such as on weekends.
• Joint physical child custody: Granted to both parents. The parents receive equal time with their child. The child lives with each parent 50 percent of the time. The exact schedule is also predetermined.

Physical and legal child custody are granted separately. This means that a parent will not automatically receive legal custody if they receive sole physical custody. The child custody arrangements may vary according to the facts of the case. For instance, parents can receive joint physical and legal custody. In another case, a parent can receive joint legal custody, but sole physical custody.

A Judge Grants Physical and Legal Child Custody Based on the Best Interest of the Child

What’s child custody arrangement is in the best interest of the child? That is the question a judge must answer. To answer the question, the judge must consider several factors. These factors include, but are not limited to:

• Each parent’s ability to care for their child
• Any history of domestic violence
• Each parent’s work schedule
• Each parent’s physical wellbeing and mental health
• Each parent’s ability to work with the other parent on parenting decisions
• The child preference (if they are of age to understand what is happening)
• If the child has any other siblings and where they reside

Need Help with Your Child Custody Issue in New York City? We can Assist You.

Your child’s needs are the focus of our case. We will not forget about your needs as well. You need to spend time with your child and make important decisions about their upbringing. We will represent you while focusing on what’s in your child’s best interest. Contact us

As the beating heart of the United States, New York City is home to some of the most complex and nuanced child custody laws in the country. Embodied in Section 240 of the state’s domestic relations law, these laws seek to provide a fair and equitable framework for determining the legal and physical custody of children whose parents are no longer together.

At the core of these laws are two distinct forms of child custody: legal and physical. Legal custody refers to a parent’s right to make important decisions about their child’s upbringing, such as where they attend school, whether they participate in after-school programs, or whether they receive orthodontic treatment. Physical custody, on the other hand, pertains to where the child will reside and who will be responsible for their day-to-day care.

In New York City, legal custody can be awarded in one of two ways: as “sole” or “joint.” In a sole legal custody arrangement, one parent is granted the right to make all decisions about the child’s upbringing, while in a joint legal custody arrangement, both parents have an equal say in these matters.

Physical custody, too, can be awarded as either sole or joint. In a sole physical custody arrangement, one parent is granted the right to live with the child on a full-time basis, while the other parent is granted visitation rights. In a joint physical custody arrangement, both parents share equal time with the child, with the child living with each parent for 50% of the time.

It’s worth noting that legal and physical custody are not always awarded together. For example, a parent may be granted joint legal custody but sole physical custody, or vice versa. Ultimately, the specific child custody arrangements will depend on the unique circumstances of the case, with the ultimate goal of providing the best possible outcome for the child.

When it comes to determining the best interest of a child, few decisions are as weighty as those surrounding child custody arrangements. In these delicate cases, a judge must consider a myriad of factors, including but not limited to: the ability of each parent to provide for their child, any history of domestic violence, the parents’ work schedules and physical and mental health, their ability to co-parent, the child’s own preferences (if they are of age to understand the situation), and the presence of other siblings.

It’s important to remember that the child’s needs are at the forefront of the case, but the parents’ needs must also be taken into account. After all, parents need to spend time with their child and make important decisions about their upbringing. That’s why it’s crucial to have a skilled NYC child custody lawyer on your side, fighting for your rights and working tirelessly to ensure that what’s in the best interest of the child is also in the best interest of the parents.

When parents are unmarried and unable to come to a mutual agreement on child custody issues, the courts step in to make decisions about custody, parenting time, and child support. The New York courts have the power to award both legal and physical custody. Legal custody pertains to who makes important decisions about the child’s upbringing, such as where they go to school, what religion they practice, and what medical care they receive. Physical custody, on the other hand, pertains to who is responsible for the day-to-day care of the child.

In most cases, the court awards both legal and physical custody to one parent, with the other parent being granted parenting time. However, it’s not uncommon for the court to award shared legal and physical custody, or for the court to place certain conditions on parenting time, such as transportation or restrictions on alcohol or drug use.

When it comes to determining custody, the court conducts a trial and hears evidence, then makes conclusions of law based on what’s in the best interest of the child. The court takes into consideration a wide range of factors, such as which parent spends more time with the child, the child’s home environment, and any substance abuse or mental health concerns that may impede a parent’s ability to parent.

In short, the courts take a holistic approach when determining child custody, taking into account the well-being of the child, the parents’ ability to provide for and care for their child, and any other relevant factors. With the help of an experienced child custody lawyer, parents can navigate this complex process with confidence and peace of mind.

Winning a child custody case in family court requires a strategic and thorough approach. You must gather and present evidence that favors your case, making clear and compelling arguments to the judge about why the outcome you are seeking is in the best interests of the child. Our NYC child custody lawyers have the experience and knowledge to guide you through this process, from preparing and presenting evidence in court to asking the right questions and forming persuasive arguments.

It’s important to understand that the court looks at the entire situation as a whole, and there is no single factor or characteristic that will decide a custody case. Instead, you must present a comprehensive picture of the child’s welfare and the best possible custody arrangement.

Our NYC child custody lawyers can also assist with establishing or modifying child custody orders. We can help you navigate the different forms of custody, including legal and physical custody, and the consequences that each type brings to the family. With legal custody, the responsibility for making decisions about the child’s care is granted to one or both parents, while physical custody determines where the child resides.

In New York City, child custody cases can be emotionally charged and complex. By working with our experienced NYC child custody lawyers, you can be better prepared for the custody battle and increase your chances of achieving the outcome you desire for you and your child.

Joint and Sole Custody in NYC Family Law

In cases where one parent proves unsuitable as a parent, the other parent or another suitable guardian will be granted sole custody. There are a number of reasons that a parent may be denied legal and/or physical custody of their child. The individual may have exhibited risky behavior, such as drug abuse or multiple DUI arrests, or the parent may have a record of violent outbursts. If he or she has been in frequent bar fights or has been charged with domestic abuse, these factors may prohibit the court from granting custody.

In cases where a parent has been denied custody, an experienced family law attorney may be able to convince a judge to grant parenting time, also known as visitation rights. This is a weekly visitation that allows the parent and child to spend time together. Parenting time can either be supervised or unsupervised, but, in either case, the parent is required to abide by court-ordered stipulations. For instance, the parent will likely have to have the child returned to the custodial parent at a predetermined time.

Joint custody, on the other hand, gives each parent equal time parenting the child, which may involve raising the child on a day to day basis. Typically, the custody of the child will be divided up by days of the week with parents alternating weekends and vacation time. While each parent has custody of the child, he or she will be responsible for making sure the child goes to school, is treated for medical conditions, and has his or her basic needs met.

Due to the requirements of parenthood, the court will look at each parent’s financial situation, before agreeing to grant joint custody. The parents must each be able to provide a quality standard of living for the child and be mentally capable of making decisions related to the child’s welfare. Additionally, the parents must each be reasonably available to the child, so parents’ work schedules will also play a factor in the court’s decision.

Custody arrangements are never simple and require the courts in New York City to look at complicated issues. For that reason, parents should seek out their own legal advocates, experienced professionals who are educated in family law. This will help to make sure everyone’s rights are protected and the child receives the best possible care.