Staten Island Child Custody

Competent & Caring Divorce Lawyer

In any divorce or separation case, child custody is often one of the most contested issues. Your child has grown accustomed to a very specific lifestyle living in your marital home, and ending your marriage is bound to cause a great deal of stress. Although you may be tempted to request a certain visitation schedule that may upset your spouse and your child, it is important to always consider your children's best interest.

At The Law Office of Keith M. Casella, P.C., I have more than 2 decades of experience representing clients who are involved in custody battles. Call (718) 557-9137 today.

Handling Child Custody Issues in New York

Child custody is most often contested because both parents usually have a vested interest in spending significant time with their children. If you and your spouse are facing a divorce and you are unsure how it will affect your children, meeting with an experienced lawyer is in your best interest. It is always best to try to work out your differences and come out with a workable agreement outside of court, as going to litigation can quickly become complex, overwhelming, and expensive.

Child custody In New York includes:

• Physical custody, where the child resides with the custodial parent and the non-custodial parent enjoys visitation
• Legal custody, which can be can be joint or sole.
  • Joint is when both parents effectively communicate to decide issues concerning the child’s medical care, education or religious upbringing (among other things)
  • Sole legal custody involves only one parent having decision making authority

Visitation Matters on Staten Island

The noncustodial parent has a right to visit with his or her children as much as possible. This is usually accomplished by an agreement between the parties. While some people like to have a specific visitation schedule others like to keep visitation open-ended considering that schedules always change. Not every solution works for all scenarios and for that reason it is important that you speak to a knowledgeable attorney who can advise you on what may be best for you and your children.

How Is Child Custody/Visitation Determined in Court?

If you and your spouse cannot come up with an agreement that protects the best interest of your children, you will have to go to litigation. In cases where the divorce is highly contested, a couple may need a judge to step in to help decide custody/visitation issues. The decision will be placed in a judge's hands, where the court will consider your child's safety and welfare, among other factors. A Staten Island child custody lawyer from my firm is available to answer your questions and address your concerns. I even offer flexible payment plans for your convenience.

FAQ: Staten Island Child Custody

What Are the Types of Child Custody in New York?
In New York, child custody includes:

• Physical Custody: Determines where the child resides. The custodial parent provides the primary home, while the non-custodial parent typically has visitation rights.
• Legal Custody: Involves decision-making authority regarding the child's upbringing, such as education, medical care, and religious practices. Legal custody can be:
  • Joint Custody: Both parents collaborate on major decisions.
  • Sole Custody: Only one parent has decision-making authority.

What Is Visitation, and How Is It Handled?
Visitation allows the non-custodial parent to spend time with their child. Visitation schedules can be:

• Specific: Predefined dates and times for visits.
• Open-Ended: Flexible arrangements based on mutual agreement, accommodating changing schedules.

A knowledgeable attorney can help determine the best visitation approach for your family’s unique situation.

How Is Custody and Visitation Decided in Court?
If parents cannot reach an agreement, the court will decide custody and visitation based on the child’s best interests. Factors considered include:

• The child’s safety and welfare.
• The ability of each parent to meet the child’s needs.
• The stability and environment each parent can provide.

A judge will make the final decision in highly contested cases, emphasizing the child’s well-being.

Why Choose The Law Office of Keith M. Casella, P.C.?
With over 20 years of experience in family law, Keith M. Casella, P.C., is committed to helping clients navigate the complexities of custody battles. Whether negotiating an agreement or representing you in court, the firm prioritizes your child’s best interests. Flexible payment plans are available for your convenience.

I truly care about the outcome of your case. Call me today at (718) 557-9137 if you would like to make an appointment.