Smithtown Child Custody Lawyer
The dissolution of a marriage involving children often becomes emotionally strenuous when custody arrangements are at stake. At the Law Office of Joshua Adam Kittenplan, we prioritize providing compassionate yet robust legal counsel and stellar representation. Our primary aim is to establish a custody settlement that safeguards both your interests and those of your children.
Our firm stands out for its personalized client service and commitment, ensuring that your lawyer is accessible whenever required. This becomes critically important when the future of your relationship with your children hangs in the balance. If you need assistance with custody issues in a New York divorce case or child custody dispute, our adept Smithtown child custody lawyer is readily available.
Understanding Custody Determination in New York Divorce and Child Custody Disputes
In any divorce or other proceedings related to parental rights to custody of children, two forms of custody are deliberated: physical custody and legal custody. Physical custody, also known as residential custody, refers to the parent in charge of the children’s care and supervision. It pertains to where the child stays with each parent. Physical custody can be either joint, where parents share equal custodial time, or sole, where one parent has the children more than half the time, and the noncustodial parent has visitation rights.
Legal custody, on the other hand, concerns the right and obligation to make decisions about the child’s medical care, religious upbringing, education, and other child-rearing matters. Legal custody can be jointly shared or solely granted to one parent. Importantly, legal and physical custody need not align; physical custody can be shared, with one parent having sole decision-making authority, and vice versa.
New York child custody law does not favor either parent. The main principle is to establish an arrangement that prioritizes the children’s well-being. At our Law Office in Smithtown, we collaborate with you, your co-parent, and their attorney to devise an arrangement that caters to everyone’s needs. We understand that divorcing spouses may struggle to work together effectively, which is where we step in to represent you in negotiations or guide you through formal processes like mediation. If a hearing or trial becomes necessary, our skilled courtroom litigator provides expert aid and vehement advocacy, representing your interests in court.
Key Factors in Child Custody Determination
When child custody matters escalate to court, the judge contemplates various factors to determine the most suitable arrangement for the children. Our experienced family law attorney will prepare and present a persuasive case in favor of your desired custody arrangement, taking into consideration the factors weighed by the court, such as:
- Who has been the primary caregiver, caretaker, or nurturer of the children thus far?
- The parenting abilities, skills, strengths, and weaknesses of each parent, including their capacity to cater to any special needs the child might have.
- The physical and mental health of each parent.
- Each parent’s work schedules and child care management.
- The child’s relationships with their siblings and other family members.
- Any history of domestic violence by one parent against the other or the child.
- Each parent’s ability to collaborate with the other parent on parenting matters and encourage a relationship between the child and the other parent.
- The child’s preference, assuming the child is deemed mature enough to provide reasonable input to the court.
Reach Out to Our Smithtown Child Custody Lawyer Today
Don’t risk the bond you share with your children by forgoing expert legal counsel and representation. Our dedicated family law attorney will take the time to comprehend your situation and will work relentlessly to secure an outcome that meets your needs. At the Law Office of Joseph Adam Kittenplan, you’ll find the expertise, experience, and commitment necessary to navigate these challenging circumstances. Contact our experienced Smithtown child custody lawyer today.