We all want what’s best for our children, but child custody disputes are common for divorcing couples and unwed parents in Brooklyn. That’s where Aiello & DiFalco, LLP, steps in. Our family law practice focuses on helping clients find amicable solutions in their child’s best interests.
We have extensive experience drafting custody agreements involving complicated schedules and shared parenting time and handling contested custody matters centered on special needs children, domestic violence, and other abuse. Let us help you find a solution that works best for your family. Contact our seasoned child custody attorney today.
Understanding Child Custody and Visitation in Brooklyn
Custody means taking legal responsibility for a child’s care, and it has two main parts:
- Legal custody is about who makes important decisions for the child, including choices about education, healthcare, religion, and activities.
- Physical custody (or residential custody) deals with where the child lives and how much time they spend with each parent.
Other terms related to custody can also be confusing:
- Sole Custody – One parent has the full right to make decisions for the child. But this doesn’t mean the other parent can’t see the child or know about important choices.
- Joint Custody – Both parents share the responsibility to make big decisions. If they disagree, they might need advice from a doctor or teacher. Sometimes, one parent might have the final say, or each parent might be in charge of different types of decisions.
- Parenting time or visitation – This is about how parents divide the child’s time, especially nights. Usually, the child lives mainly with one parent, the ‘primary custodial parent.’ Parents can also decide to split time more equally. The schedule should be flexible, considering weekdays, weekends, holidays, and school breaks, to fit your family’s needs.
Often, parents who get along well choose joint legal custody, primary custody for one partner with generous parenting time for the other. If parents can’t agree, our Brooklyn child custody lawyers will represent you in court to get the best result for your children.
Child Custody Determinations
When parents can’t agree on custody, the courts in Brooklyn will decide. They look at what’s best for the children, considering:
- How the arrangement affects the children’s physical, emotional, and social well-being.
- How capable each parent is in looking after the children.
- Both the mental and physical health of each parent.
- How much each parent helps the children maintain a good relationship with the other parent.
- The children’s preferences, especially if they’re old enough to decide.
- Any issues related to domestic violence or substance abuse.
At Aiello and DiFalco, we focus on safeguarding your rights as a parent and ensuring your children’s welfare. While we aim to sort out child custody arrangements without going to court, we’re prepared and qualified to represent you in a custody hearing if it’s needed.
Child Custody Modifications
Child custody orders can be changed if there’s a big shift in a parent’s situation. Reasons for this might include:
- Decision-making changes – If the parents can’t get along anymore, this might affect how decisions are made.
- Schedule adjustments – If there are new developments that require changes to when the child spends time with each parent.
- Relocation – If the parent who looks after the child most needs to move to another city or state for work.
- Parenting time issues – If the custodial parent isn’t letting the child see the other parent as agreed.
- Co-parenting problems – If either parent becomes less able to work together in raising the child.
- Substance abuse – If either parent struggles with substance abuse.
- Domestic violence – If there is evidence of domestic violence, it must be considered by the court.
- Abuse or neglect – If there’s any harm or neglect from either parent.
When a parent shows that there’s been a significant change, the court will decide if changing the custody order is best for the children. Our Brooklyn child custody lawyers are here to help you through the process of modifying a child custody order.
Why Choose Aiello & DiFalco?
Your child custody case is in good hands with Aiello & DiFalco. We understand the complexities and emotional challenges of co-parenting arrangements and will work closely with you to devise practical and beneficial arrangements for primary custody, visitation rights, and parenting time.
Our professional approach combines empathy with a firm commitment to securing the best outcome for your family. While we prefer to resolve child custody matters outside of court, our team is exceptionally skilled in courtroom representation when necessary.
With a track record of successfully handling intricate and prolonged custody cases, you can trust our team to find innovative solutions and maintain the invaluable bonds between you and your children.
Contact Our Experienced Brooklyn Child Custody Attorney Today!
At Aiello & DiFalco, we bring a compassionate understanding of family dynamics, ensuring that every child custody case is handled with the utmost care and professionalism. Our dedication to your family’s well-being and our proven track record in both negotiations and court proceedings make us the ideal choice for navigating these sensitive matters. Contact us today for a consultation.