Child Custody & Visitation Westchester Attorneys Ready To Fight For You

Westchester County Child Custody Lawyer

Experienced Child Custody and Visitation Lawyer Representing NY State

There is no question that a divorce can significantly impact you and your family. Child custody & visitation battles can get contentious. At Riebling & Payton, PLLC, our Westchester County child custody lawyers understand the emotional and legal challenges that result after a divorce proceeding. Because matters of this nature can be both sensitive and complex, our goal is to help establish a plan that represents the best interests of your child, while also ensuring your rights as a parent are protected.

Every family is unique, as is every visitation and child custody case. If you need legal representation regarding your child, don’t hesitate to contact our office in Westchester County. Our family law lawyers will take the time to listen and understand your circumstances so we can provide guidance in your legal process. As most people are unfamiliar with child custody & visitation laws in NY state, we recommend you reach out to us as soon as possible.

Call (914) 712-6878 or contact us online to get started on your custody case and schedule a free consultation today! Our Westchester child visitation lawyers can help.

Types of Child Custody in New York

In New York, custody must be established in cases of divorce, as well as those involving parents who were never married but share a child together. It’s also important to note that custody & visitation are separate family law matters but are usually determined during the same hearing.

There are several types of child custody in New York:

Legal custody: meaning one or both parents have complete authority to make decisions for the child. The non-custodial parent may receive education and medical information, but they are not allowed to make decisions regarding these matters.
Physical custody: refers to where and with whom the child will live.
Joint custody: there can be both joint physical and joint legal custody. This means two parents share custody and make authoritative decisions together; the child can split time at each parent’s home, for instance, living with one parent one week and the other parent the next week; and both parents must communicate with each other to accommodate the child’s needs.
Sole custody: only one parent has both physical and legal custody, and that parent holds full rights to the child.
Third-party custody: this will only occur if a child is under the custody of a third party, i.e. non-biological parents.

In most custody cases, the court will rule in favor of the child maintaining a relationship with both parents. If one parent wins sole custody, the other will be granted visitation with the child, unless there is reason to believe the parent should not have visitation rights (for example, they are considered a danger to the child’s safety and well-being). Either parent, sibling, or grandparent can seek visitation. However, it is ultimately up to the court to determine who is allowed visitation (based on the child’s best interest).

Key Factors in Custody Decisions

New York family courts prioritize the best interests of the child when making custody determinations. A Westchester County child custody attorney can help parents present strong cases by demonstrating their ability to provide a stable, supportive, and nurturing environment.

Some of the factors considered in this determination are:

Parental Fitness: Courts assess each parent's physical, mental, and emotional ability to care for the child.
Child’s Preference: If the child is mature enough, the court may consider their preference.
Parental Cooperation: A parent’s willingness to facilitate a relationship with the other parent is important.
History of Abuse or Neglect: Courts take allegations of domestic violence or neglect seriously.
Stability of Environment: The continuity of a child’s home, school, and community is a key consideration.
Siblings: Courts may aim to keep siblings together when making custody decisions.

Visitation Rights and Parenting Time

Even when one parent has sole physical custody, the non-custodial parent typically retains visitation rights. A Westchester County visitation lawyer can help ensure that parenting time arrangements are reasonable and enforceable.

Common Visitation Schedules:

Standard Visitation: Every other weekend and one evening per week.
Extended Visitation: Additional time during holidays and summer breaks.
Supervised Visitation: Court-ordered visits in a supervised setting.
Virtual Visitation: Video calls and other remote communication options.

Courts may limit visitation if a parent has a history of abuse, neglect, or substance abuse. A Westchester County visitation lawyer can advocate for fair and consistent parenting time arrangements while prioritizing the child’s safety.

Is New York A 50/50 Child Custody State?

New York is not a 50/50 custody state in that there is no automatic presumption that custody will be a 50/50 split between the two parents. Should it be up to the court to determine custody, the court will weigh many factors in determining custody arrangements. Both legal custody and physical custody must be addressed. Legal custody refers to the power to make important life decisions about a child and how the child is raised. It is common for legal custody to be evenly split between the parents so that both have an equal say in the child’s upbringing. In some cases, however, one parent may have the last word on legal custody issues.

A significant focus in custody decisions involves assessing the ability of each parent to support the child’s consistent and continuing relationship with the other parent. This includes evaluating which parent is more likely to promote a productive and positive environment for the child and to facilitate cooperation and communication between the parties. By collaborating with our team, families can prepare effectively for custody determinations, ensuring all relevant factors are highlighted.

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Modifying Child Custody & Visitation Orders in New York Family Courts

Establishing a custody and visitation order in Family Court is always an important first step in looking out for the best interests of a child. However, as many parents learn, over time parents may find themselves in situations where their custody order no longer works for their families. In New York, custody orders can be modified at any time in certain limited circumstances.

Modifying a child custody order is a serious matter that requires careful consideration and appropriate drafting and filing of a Petition to Modify an Existing Order of Custody and Visitation. In addition to preparing the proper petition, other considerations include selecting the appropriate venue (court) for the action and service of the petition. Generally, it is often in the best interests of the parties and the child to consult with custody lawyers familiar with the process and courts.

When a Custody Order Can be Modified in New York

At Riebling & Payton, PLLC, we help families modify existing custody and visitation orders to accommodate changes in circumstances. A change of circumstance is a necessary component of a Family Court Petition to modify a custody order, and they include:

Change in finances
Parental relocation
Changes in the health of the parties
Abandonment
Remarriage
Abuse or neglect
By request of a child 12 years old or older

Custody modifications can deeply impact family dynamics and child welfare. It’s crucial to approach these proceedings with a focus on equitable solutions that respect and address the evolving needs of the child. Our firm takes an inclusive approach, seeking input from both parents while focusing on the child’s developmental and emotional well-being as we aim to secure an order modification.

Modifying a Custody Order in Cases of Abuse, Neglect, or Abandonment

In order to modify a New York custody order in circumstances where abuse, neglect, or abandonment are alleged, the requesting party must submit an affidavit to the court that details all the facts and allegations of the abuse, neglect, or abandonment. Modification of the custody order will be approved if the facts alleged in the affidavit establish: (1) the modification of the custody order would be in the best interest of the child, (2) the child is in danger due to unsafe living conditions or by the parent, or (3) the child has been abandoned by the parent.

Modifying a Custody Order in Cases of Parental Relocation

If the parent who has physical custody of the child decides to make a significant move, that relocation may have a major impact on the life of the child and could rise to the level of a substantial change in circumstance to modify a custody and visitation order. In these instances, the family court will encourage the parents to come to an agreement that would accommodate the relocation. However, any agreement would allow both parents to continue to have significant contact with their children. If no such agreement is reached, the court will reach its own decision based on what arrangement is in the best interest of the child.

Effective dialogue and mutual decision-making are key when dealing with relocation-related custody modifications. Parents must consider educational opportunities, community ties, and the overall impact of relocation on the child's everyday life. Our legal professionals facilitate these discussions, helping parents find practical solutions that respect both parental roles while prioritizing the child’s stability and ongoing parental relationships.

Modifying a Custody Order by Special Request of the Child

In some cases, when a child over the age of 12 has a strong preference as to who their custodial parent will be, New York Law allows the child to make their preferences known to Family Court Judge. It should be noted that the child’s request is not determinative, their wishes are taken into consideration by the Judge when deciding whether or not to modify the custody order.

Listening to a child's perspective in custody matters can provide crucial insights that might otherwise be overlooked. A child’s preference may reflect their comfort, needs, and where they feel most supported. We ensure that such preferences are respectfully considered and presented to the court, helping the Judge understand the full picture to make a well-informed decision. Our goal is to ensure children's voices are heard without placing undue pressure upon them.

Protecting Your Child's Best Interests with a Custody Lawyer

When it comes to child custody and visitation, it's important to work with an experienced Westchester child custody attorney who will prioritize your child's best interests. At Riebling & Payton, PLLC, we understand the sensitive nature of these cases and are dedicated to helping you navigate the legal process with compassion and expertise.

Our team can assist with:

Creating a parenting plan that promotes stability and well-being for your child
Negotiating custody and visitation arrangements that work for your family
Advocating for your rights in court, if necessary
Modifying existing custody or visitation orders to accommodate changing circumstances

With our guidance, you can feel confident that your child's needs are being prioritized throughout the legal proceedings.

How Riebling & Payton, PLLC Can Help with Custody Cases

Riebling & Payton, PLLC has the background and experience necessary to handle child custody & visitation battles. We use strategic methods to maximize your chance at the best possible result based on the circumstances of your case. We can also help file a petition to change custody or visitation rights so you can restore your rights as a parent.

Our firm provides a comprehensive evaluation of your specific custody situation, offering personalized advice and rigorous representation tailored to your needs. We strive to create an atmosphere of open communication, building a solid client-attorney relationship that fosters trust and clarity. Whether addressing initial custody arrangements or seeking modifications, our approach is always centered on protecting children and empowering parents.

Call (914) 712-6878 to speak with our Westchester County custody lawyer about your case or contact us online.

FAQs About Child Custody & Visitation in Westchester County

How Is Child Visitation Typically Arranged?

Child visitation is tailored to suit the needs of the child and the parenting plan agreed upon by both parties during custody proceedings. Visitation rights can range from regular weekly visits, alternating weekends, extended holiday sharing, and appropriate support during school vacations. The primary objective is ensuring the child maintains a balanced relationship with both parents wherever possible. Each agreement reflects the unique dynamics of the family and aims to provide continuity and stability for the child concerned. In situations where parents cannot reach an agreement independently, our legal team is adept at negotiating fair arrangements that uphold the child’s welfare and legal interests.

What If My Co-Parent Isn’t Following the Custody Arrangement?

If your co-parent isn’t adhering to the agreed custody arrangement, it can be frustrating and disruptive to your child's routine. In Westchester County, courts prioritize agreements that serve the child’s best interests, and failure to comply with these can warrant legal intervention. The first step is often to revisit mediation or a negotiation process to resolve disputes amicably. However, if compliance issues persist, approaching the family court for proper enforcement may be necessary. With the support of Riebling & Payton, PLLC, you can navigate these situations with informed strategies to assert your rights while focusing on the welfare of your child, ensuring swift and effective resolution.

Can Grandparents Seek Visitation Rights in Westchester County?

Yes, grandparents in Westchester County can seek visitation rights, though the process requires demonstrating how their involvement benefits the child's interests. Relevant conditions include disruption of the parental relationship, the death of a parent, or significant prior involvement in the child's life. Courts examine the existing relationship between grandparent and grandchild, aiming to enhance the child's social and emotional development. In specific scenarios where granting visitation aligns best with the child's needs, a successful petition by the grandparents might be granted. Our firm assists grandparents in framing these petitions effectively, ensuring the emphasis remains on forging nurturing, meaningful relationships with their grandchildren.

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