Custody & Visitation
The Law Office of Martin Mohr handles child custody cases. We help clients determine the best way to reach a child custody agreement that is beneficial for your family. Each case can hold its own unique challenges. When our clients understand all of the options available, it increases the chances of creating a child custody agreement that best suits the needs of the children. If the child custody issues become contentious and can not be resolved, we are prepared to fight aggressively on your behalf.
Legal Custody Of Children
Legal custody of the children refers to which parent has the right to make major decisions in the lives of their children. New York courts presume that parents will share joint legal custody of their children, meaning they share the same amount of responsibility when it comes to making decisions about the children’s education, healthcare, religion and other aspects of their lives. Joint custody arrangements require a collaborative effort between the parents. Legal custody, however, is determined on a case by case basis, and in some situations, the court may award one parent sole legal custody of the children.
Physical Custody And Visitation
Physical custody is completely separate from legal custody and refers to the amount of time the children spend with each parent. These time periods are usually called visitation or parenting time, and they vary greatly depending upon the circumstances of the parties and the age of the children. If the children are with one parent a majority of the time, that parent is typically referred to as the “primary custodian,” or “physical custodian.
Factors To Consider When Determining Child Custody
The legal standard by which the court will determine child custody is what is in “the best interests of the child.” In order to minimize the trauma of an unhealthy custody arrangement, the parties should always remain focused on this standard, taking into account such things as the age of the children, their emotional well-being, and their present and former relationships with each parent.
What Are Some Common Examples Of Family Court Order Violations That Your Firm Is Involved With?
Our firm is involved with several types of court order violations, including child support, visitation, custody, and order of protection violations. Of these, the most common are visitation and child support order violations.
A violation usually occurs when one party doesn’t follow the orders contained in an agreement or court order. For example, the non-custodial parent might not drop off the children in a timely manner in accordance with the court order. When one party has violated that order, the other party can file a petition in family court asking that the court find the person in contempt or violation of that order…Read More
How Can I Avoid A Child Custody Or Visitation Dispute With The Other Parent?
A child custody or visitation dispute could arise regardless of whether there is an order in place. If there is no order, the parties could try to find a family member or friend who could act as a mediator to help them resolve the dispute. If there is no third party whom both parties trust to act as a mediator, then the parties could hire a professional mediator. If it is an educational dispute, then the parties could seek the help of an educator; if it is a medical dispute, then the parties could seek the help of a medical professional…Read More
Under What Circumstances Can Custody, Visitation And Child Support Orders Be Changed?
Generally, speaking modification to a family court order or a judgement of divorce require a showing of a change in circumstances. Change in circumstances is a legal term of art that stands for the general principle that when agreeing to the order of judgement something has happened that you could not have contemplated happening at the time you agreed to the terms. Returning to court a week a month sometimes more because you changed your mind is likely not a reason that would meet that burden. For example if at the time you entered an order of visitation you were living in another state and now you have moved closer to your child that may be substantial change. Another example might be if you agree to a child support order and now your parent falls ill and you must become the care taker or you lose your job without cause. Meaning you didn’t quit on your own or fired because you did some fire-able offence…Read More
General Divorce, Child Custody, And Orders Of Protection
There are several ways of obtaining an order of protection. One way is by filing for an order of protection with the family court on your own. The other way is by getting an order of protection through the criminal process. Criminal orders of protection are obtained through the district attorney and/or police department. In New York, both avenues can be pursued. In Criminal court, there is a higher burden of proof to obtain an order of protection. You’re not the person who’s bringing the charges, you are the DA’s witness. The district attorney may very well decide that a case is an evidence-based prosecution, which means that even if you change your mind and decide not to request an order of protection, the district attorney may, depending on the seriousness of the case and evidence available, decide to pursue the order of protection anyway, that might not be the outcome you want…Read More
Call To Speak With A Child Custody Lawyer
We are a client-focused firm that will protect your needs and those of your children. If you need more family law information regarding child custody arrangements, contact us at (718) 737-9669 to schedule an initial consultation.
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