Keeping the Focus on the Child in Child Custody and Visitation Cases
The Mandel Law Firm works hard to ensure that all parties remember that the real focus in any custody dispute is the child. We work with parents in Manhattan, the Bronx, Brooklyn, Queens, Westchester and Nassau counties, and throughout the New York City metro area to reach a result that is in the best interests of the child and works for all parties involved.
Nothing is more heartbreaking than a child caught in the middle of a custody battle. Our attorneys are parents themselves, so they understand the joys and rewards, trials and tribulations of parenthood. Contact a New York child custody attorney today for experienced and compassionate representation.
Representation in Child Custody and Visitation Matters
Child custody is divided into two parts:
- Physical custody (or "residential custody") is where the child primarily resides
- Legal custody involves decision making surrounding the health, education and general welfare of the child
Any arrangement of the above is possible by agreement. It is even possible for one parent to have sole physical custody and the other to have sole legal custody, or for one party to have sole physical custody with joint legal custody.
Generally, any agreement the parties, including same-sex and domestic partners, can make together as co-parents would be better than anything imposed by a stranger, aka "The Judge."
Visitation (Parenting Time)
Many lawyers refer to the rights of the noncustodial parent to see his or her child as "visitation." However, at The Mandel Law Firm, we beg to differ. As parents ourselves, we don't believe that a parent "visits" his or her child. He or she raises and nurtures them. That is why we fight for the noncustodial parent to have as much "parenting time" (as opposed to "visitation") with his or her child as may be possible.
And remember, grandparents may have rights to visit with their grandchildren.
Here are just a few of the situations in which we can help you:
- Enforcement by a noncustodial parent of a visitation agreement
- Relocation, moving and international custody issues
- Modification of the parenting plan by a noncustodial parent
- Modification of a visitation schedule by a parent with full or primary custody
- Grandparents seeking visitation rights with their grandchildren
- Protecting the rights of non-biological parents in same-sex couples
"The ability to win a child custody case is an art, not a science" – Steven J. Mandel
Which Parent Will Get Custody?
Who will get custody of your child is not a foregone conclusion. Simply because you're a father doesn't mean you can't get custody of your child, and just because you're a mother does not mean you will automatically get custody of your child. You need an experienced, knowledgeable attorney from The Mandel Law Firm to help you achieve your goals.
A former client of ours, a father for whom we recently won sole custody of his 4-year-old daughter after a long and bitter trial, was so overcome with emotion when we informed him of his victory that he literally could not speak. So he simply emailed us:
"Thank you so much for your amazing work — it truly is the best present for New Years and my birthday!!!! The best decision I made was to go with Mandel Law Firm and I never regretted it."
Joint Custody or Sole Custody
It is a common misconception that courts will impose joint custody on parents in New York state; they will not. Joint custody is an arrangement made between the parents to jointly agree on all issues concerning the health, education and general welfare of the child. In New York, it is not something that will be imposed by the courts upon hostile parties.
Joint custody is a viable option only if the parents have an amicable relationship and can communicate well in matters that affect the child. If the parents are not on friendly enough terms, chances are that the joint decision-making required in "joint custody" will result in more disagreements and conflict. In that case, the court will select one parent to be the sole decision maker, who will have what is referred to as "legal custody" of the child.
In child custody cases – "You've got to know when to hold 'em; know when to fold 'em; know when to walk away."
Our knowledge and skill in the child custody arena is unquestioned. We take to trial only those cases in which we believe litigation is the best option – and we have never lost a custody case at trial. For those cases where trial may not be appropriate, we will counsel you and diligently work to negotiate an amicable resolution that will best satisfy your needs and desires. You can be assured that when we do accept a case, we will do whatever it takes, within the full extent of the law, to pursue the desired and best result.
We work with you to set reasonable, realistic expectations about the outcome of your case. If an investigation is required, we consult private investigators who can uncover important information relevant to the habits and lifestyle of the other parent. If necessary, we may ask a psychologist or social worker to evaluate the mental health of a parent or child, provide a home evaluation and even assist in the preparation for trial.
Emergency Applications for Custody
Seeking emergency temporary child custody may be appropriate under the following circumstances:
- If you believe your "ex" is going to relocate with your child without your permission or the court's consent
- If you notice signs of abuse or neglect by the other parent
- If the child is in imminent danger while under the care of the other parent
Our law firm can help you understand the process of seeking emergency temporary child custody to protect your child. We know how to proceed quickly in these cases to ensure the child's safety, as well as block these applications if they are used against you and are predicated upon false allegations, simply because a spouse or partner is trying to gain leverage in a custody or divorce action.
Contact Us · Joint and Sole Custody Attorneys · Long Island, New York City and Westchester
It is always a good idea to seek counsel as early in the process as possible, before relations become acrimonious and positions entrenched. Contact us today — we will be there for you. You can reach us online, or by telephone toll free at (888) 2 WIN NOW (888-294-6669) or locally at (646) 770-3868.