Child Custody / Visitation 2016-11-02T20:42:19+00:00

Child Custody Lawyers and Visitation Attorneys in Brooklyn, NY

Results Require a Strategy

There is one major misconception when it comes to child custody and visitation. It is that the mother will be favored and the father has limited rights. This is not true. The courts favor one party: the child. They want to do what is in the child’s best interest.

As your lawyer, I will work with you to determine what exactly is in your child’s best interest in terms of custody and visitation. I will build a strategy that is designed to inform the court appropriately of the optimal arrangement for the child — a strategy that will pursue the right outcome for you and your family.

People in Brooklyn, Manhattan and throughout New York City turn to the Law Office of Elliot Green for child custody and support representation. They turn to me because I put my experience to get the results they need.

I will work closely with you to help you make the decisions that need to be made. These can be tough decisions. You can count on me to stand by your side and provide the guidance you need.

Know Your Child’s Life and Make Sure You Have a Plan

If you are asked to describe a typical day in your child’s life, would you be able to? Do you know the name of your child’s pediatrician? Have you attended parent-teacher conferences? You will be asked these questions. You must have answers.

Perhaps more importantly, you have to have a plan. You have to have a plan for any emergency that may arise. These are preparations you need to make now, if you haven’t already done so. You need to convince the courts that the outcome you are asking for is in the best interest of the child.

Forms of Child Custody and Visitation

There are many forms of child custody and visitation. There is joint custody. There is sole custody. There is physical custody. There is legal custody. There is even the new concept of spheres of custody.

You do not need to know them all. That is my job as your attorney. I will work with you to determine the outcome that is in the best interest of your child, and that is the outcome I will strive for.

Altering Custody and Visitation

Custody and visitation arrangements are never considered permanent. If there has been a substantial change for one of the parents or for the child since the original arrangements were agreed upon or ruled upon, then changes can be made. If parents want to change custody through the court, they usually must show that the conditions have changed substantially since the last custody order. The parent must also show that altering the arrangements would be better for the child. The most amicable manner in which to have custody changed is to have an agreement to modify custody approved by the court. No matter what the parent’s opinions may be, all custody decisions and changes are ultimately the responsibility of the court.

Child Custody Arrangements

Joint custody provides for both parents to continue supporting and caring for their children. Joint custody can be legal custody, physical custody or both. A well thought out joint custody agreement can make the best of a bad situation by limiting the amount of disruption the children must suffer in a divorce. The court will only grant joint custody if the parties are able to work together in raising the child. The parties must not be hostile towards each other. If the parties are hostile the court will not grant joint custody.

Child / Parent Search / Child’s Change in Residence

A major concern of family law courts is the welfare of children. Many parents and caregivers don’t realize how stressful it is for children even under the best of circumstances to change residences. If the move takes them from their friends, family or community ties it can trigger an even more stressful custody battle. A fit parent remaining behind who wants the child to stay may be able to change the custody arrangements, although a move across town would probably not be enough to challenge custody. If the child wishes to stay with the other parent instead of moving the court may examine the child’s request. All aspects of each location and environment may be examined.

Parental Visitation

Visitation is often a tough element to negotiate in a divorce. Sometimes both parents’ feel they are the better parent and deserve to be with their children more than the other. Even though these feeling may or may not be true the key thing each parent must keep in mind is that the children usually expect to see both parents but if there is a disagreement the court may decide the fate of the child. The judge will take into account the age of the child, the child’s preference, the continuity in the environment, the ability of each parent to provide for the physical and emotional needs of the child and the physical and mental conditions of the parent’s themselves. As circumstances change visitation provisions may be changed.

Visitation Rights for Grandparents


Many grandparents are worried about the welfare of their grandchildren. They may see their own children as lacking in parenting skills and find it impossible to watch their grandchildren suffer abuse and neglect. Nowadays grandparents are demanding the right to see their grandchildren after a divorce and under some limited circumstances they are being given visitation rights. The scope of these rights depends on New York Law and also state and federal constitutional provisions.

 

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