ESSENTIAL GUIDE FOR NEW YORK CHILD CUSTODY LAWYER: WHAT TO EXPECT IN YOUR FIRST CONSULTATION

Understanding a few of the basics of laws on child custody in New York is good before that first consultation. New York courts all rely on a single, key principle: the ‘best interests of the child.’ 

No judge automatically favors any partner. Instead, they weigh and reflect on a long list of factors, including: 

• Who provides primary care? 

• The needs of the child – both physical and emotional; 

• Parents’ work schedule and job security; 

• Any history of substance abuse, negligence, or domestic violence; 

• Relationship of the child with each of the parents; 

• The child’s wishes: These may be considered depending upon age and maturity. 

For that reason, a good child custody lawyer in New York cannot promise an outcome in a first meeting.  

The NYC child custody lawyer can explain, however, how those factors might apply to your situation, and what judges consider in cases like yours. 

Types of Custody in New York 

A child custody attorney in New York often starts explaining the kinds of custody that exist during the first consultation. This would help in understanding what it is one is actually asking for from the court. 

Legal Versus Physical Custody 

New York recognizes two primary types of custody: 

Legal Custody: A right to provide major life decisions for a child, such as education, religion, healthcare, and major life choices. 

Physical custody focuses on where the child is to stay for most of the time. It also aims to decide the person discharging the daily care. 

Joint and Sole Custody 

Legal or physical custody is shared between parents jointly or solely. Your child custody attorney in NYC will often begin by asking you what you want. Then, they will take time to explain to you what is realistic. 

Joint Legal Custody

The decision-making lies in both parents. This is usually the option courts pick in cases where both parents can communicate and share opinions with one another effectively. 

Sole Legal Custody

One parent alone makes the major decisions. This option would, therefore, be suitable only in high-conflict situations. It can also be a viable option in cases of safety issues and serious communication problems. 

The term joint physical custody will mean the child is to spend significant time with each parent, not necessarily in a 50/50 division. 

The court can award primary physical custody with visitation. This would mean the child lives with one of the parents and special times are set aside for the other parent to spend time with the child. 

Since every family is different, the best child custody lawyer in New York will explain things in a way that will tailor to your family’s situation. They would consider things like the hours you work, school schedules, or the needs of your child. 

How does child custody work in New York? 

A great part of the work of a custody lawyer in New York is to answer the most common question that many parents have. 

Your child custody attorney in NYC will outline the basic process as follows: 

1. Initial Consultation and Case Evaluation; 
2. Filing petitions in Family Court or Supreme Court if this forms part of a divorce; 
3. Serving the other parent and awaiting a response; 
4. Court Conferences and Hearings; 
5. Temporary Orders on Custody and Visitation; 
6. Negotiation, mediation, or settlement discussions; 
7. Trial: Evidence is heard, if necessary, before the judge makes a final decision. 

A knowledgeable child custody attorney in NYC will also know that New York child custody matters are founded on: 

• Parents’ attorneys. 

• Attorney for the Child – in most cases, courts appoint a custody attorney in New York. 

• The court may appoint assessors who are forensic psychologists. 

• Mediators – if mediation is the choice of the court or parties. 

This walk-through can help you choose what is best for your child and your family by asking about timing, risks and what happens with most children. 

What to Expect from an Initial Consultation with a New York Custody Attorney 

This initial consultation with a trustworthy NYC child custody lawyer is something more than a passing talk. It is usually a logical conversation that has direct purposes and outcomes. 

1. Background and Story Gathering 

The best child custody lawyer in New York will most importantly want you to give your story. Your story might be very personal, but it is something that must be done. You will probably always address the following: 

• Your prior relationship with the other parent; 

• Age, Health, and Support Needs of Your Child; 

• Your living situation currently; 

• The person providing daily care for the child; 

• Including any prior court orders or agreements; 

• Anything critical in nature, such as abuse, neglect, substance use, or mental health concerns. 

Be candid but specific. Your NYC child custody lawyer isn’t there to judge you. Quite to the contrary: the lawyer needs a clear picture to give you realistic legal advice. 

2. Review of Documents and Evidence 

The child custody attorney in NYC may request production of, or inspect, copies of relevant documents including: 

• Existing Custody or Visitation Orders; 

• Past divorce or separation agreements; 

• School records, report cards; 

• Medical records or therapy notes; 

• Police reports, Orders of Protection; 

• Text messaging between you and the other parent, email, or any other written communication. 

These are things you might not have on your person when you come in, and that is quite okay. At that point, the NYC child custody lawyer can give you a list of what they gather. 

3. Legal Description of Your Rights 

Child custody laws in New York can be confusing and may overwhelm one the first time around. Your child custody attorney in NYC can explain: 

• Your Rights as a Parent; 

• How the New York courts view joint versus sole custody; 

• What does ‘best interests of the child’ mean in practice? 

• What is realistic about your situation regarding possible outcomes? 

You may have some questions, as a father, regarding New York child custody laws for fathers. A really good child custody attorney in NYC will provide straightforward answers to your questions.  

Child custody laws in New York do not automatically favor one or the other parent simply on the grounds of gender. Fathers hold strong rights, especially when they prove to be active caregivers. 

4. Discussion of goals and priorities 

When the child custody attorney in NYC explains the law and you have told your story, they will ask you what you want to happen: 

• Do you want primary physical custody? 

• Do you want joint legal custody? 

• Does flexibility in your parenting schedule matter to you? 

• Anything to do with shifting, relocation, or even schools? 

You and your NYC child custody lawyer will talk to each other about what is most important. In so doing, this molds the approach taken in court. 

5. Strategy, Options, and Next Steps 

Then, the child custody lawyer in New York will count some of the roads to take, such as: 

• Filing for custody or modification of an existing order; 

• Temporary custody, if one has pressing concerns; 

• Pre-litigation mediation or negotiation; 

• Preparation for a more contested court procedure. 

This is not to put any pressure on you but to explain to you a clear picture of your options.  

An experienced child custody lawyer in New York whom New York parents entrust their needs with will balance legal strategy with the emotional well-being of your child. 

Preparing for your Initial Consultation 

Proper preparation will make the initial consultation more effective and less stressful. Additionally, it allows your child custody lawyer in New York to provide you with more sound, specific advice. Prepare by: 

• Gathering relevant information – Try bringing information that identifies all the children involved, including name and age. 

• Brief relational history and facts about separation. 

• An approximate parenting schedule that outlines who cares for the child and when. 

• Any previous court filings or orders. 

• Contact information for schools, physicians, and psychotherapists. 

If you found counsel doing a quick search for ‘child custody lawyer near me in New York,’ then you may not have it all with you, and that is fine. Bring with you what you can. The rest can follow later. 

Prepare a List of Questions 

Emotions run high in custody cases. Because of that, it can be hard to remember all of the important questions during your appointment.  

Writing your questions down ahead of time helps. You may want to ask: 

• What are the realistic chances of getting the particular custody arrangement that I want? 

• How long does a case like mine usually take? 

• What are the major risks I should be aware of? 

• How does communication with my child custody lawyer in New York work? 

• What would be most appropriate to handle the exchanges and communications with the other parent during the case? 

Your NYC child custody lawyer will expect questions and should answer them in  clear, simple language. 

Get Help! 

You do not have to go through a child’s custody battle on your own. While this is an emotional and complex often confusing process, you can go forward with so much more clarity and control when you have a seasoned child custody lawyer in New York parents can depend upon. 

In case you are looking for a child custody lawyer near me in New York or would like a NYC child custody lawyer to review your case, then schedule an appointment with Gehi and Associates today. The sooner you start getting legal representation, the higher the possibility is to have a successful result in your case. 

Contact us today for a confidential case review. Discuss your concerns, learn about your rights, and begin building a plan that will protect your child and your relationship with your child. The sooner you get clear, informed advice, the better prepared you will be for what is ahead. 

Get in touch with us right away! 

New York Child Custody Lawyer – FAQs

1. How does child custody work in New York? 

New York follows the best interest of the child standard. This looks at such things as parental role, stability for each parent, and the individual needs of each child. 

2. What is the difference between legal and physical custody? 

Legal custody is the major decision, and physical custody is where the child resides and who provides day-to-day care for the child. 

3. Do New York courts favor moms over dads? 

No, New York treats each partner equally and sees what is best for the child. 

4. Do fathers have custody rights in New York? 

Yes, fathers can have joint or even primary custody when that is in the best interest of the child. 

5. What do I bring along for a first consultation on custody? 

Please bring all court documents, previous agreements, general information about the children, and a brief timeline of events. 

6. How long does a New York custody case typically take? 

That would depend on the level of conflict involved, apart from court schedules, and some get resolved within months, while others take longer. 

7. Does New York require mediation in custody cases? 

Though not always so, courts may encourage mediation to assist the parents in deciding. 

8. Can there be a modification of custody later? 

Yes, alteration can be sought by a parent upon there being a substantial change in circumstances. 

9. What if the other parent will not cooperate? 

Your child custody lawyer in New York may ask the court for temporary orders. They may advance the matter without cooperation. 

10. How do I find the best child custody lawyer in New York to represent me in my case? 

Look for experience with New York family law, clarity of communications, candor of advice and child-centeredness.