Child Custody

Of all the areas in family law, child custody cases tend to be the touchiest. When parents divorce or separate and they have disputes about what is in their child’s best interest, the courts intervene. This can often turn an uncontested divorce into a contested divorce, and an attorney is invaluable in sorting these issues out. As a parent, you want to make sure that your child is protected. Having a skilled  child custody attorney can make a world of difference in the outcome of your case. I aim to help my clients fight for their child’s best interest. 

 No matter how complex or difficult your divorce may seem, I can help. I understand what you are going through and will provide you with the legal support and representation you need in order to work out the child custody and child support issues you are facing.

Child Custody Cases in New York

Child custody refers to the legal guardianship involved in a divorce case. In New York and most other states, there are two forms of custody, legal and physical.

• Legal custody refers to the child’s lifestyle. Religious, medical, and educational decisions are made by the legal custodian(s). Legal custody can be granted to one or both parents.
• Physical custody refers to where the child lives. One parent may have sole physical custody, and the other may have visitation rights. Or, both parents may have physical custody, which means the child lives with each parent half of the time.

If a parent has visitation rights, the visits between parent and child occur on a schedule provided by the court. Usually this schedule is mutually convenient for both parents.

The Best Interest of the Child: Child Custody Court Decisions in New York

When a child custody case is brought to the court, the court will try to accommodate the best interest of the child and choose the environment that offers the most stability. Some factors courts will take into consideration in a child custody case are:

• The child's age, sex, and mental and physical health
• The parent's mental and physical health
• The parent's lifestyle
• Any history of child abuse
• The emotional bond between the parent and child
• The parent's ability to provide the child with food, shelter, clothing, and medical care
• The child's regular routine
• The quality of the child's education
• The child's preference, if the child is above a certain age (this is usually around age 12)
• The ability and willingness of the parent to encourage communication and contact between the child and the other parent

The court may also conduct a Child Custody Evaluation. An evaluation usually consists of interviews, psychological exams, and analysis of the children, and perhaps the parents.

• The court has the ability to deny a parent’s request for an evaluation.
• Parents may be liable for the cost of the evaluation.

I know how contentious child custody cases can be.  I also know that the best solution is usually a decision that is agreed upon by both parents and the child. By providing you with up to date legal knowledge and the best advice possible, I can make the custody decisions much easier for you and your family to make.

Visitation: How I Can Help  

There are many aspects of visitation rights which can be complex. If you are the non-custodial parent, the custodial parent or even a grandparent, an attorney can help you regarding visitation to your child or grandchild. These issues are very sensitive, and thus it is crucial to work with an attorney who is compassionate as well as knowledgeable and aggressive in order to help you get the outcome you desire.

I can help if you are:

• A grandparent seeking visitation rights with your grandchild or grandchildren
• A non-custodial parent looking to obtain visitation rights with your child
• A custodial parent seeking to deny visitation for the safety or wellbeing of your child
• A parent going through a divorce
• A custodial or non-custodial parent looking to change the current visitation schedule or rights

Parental Alienation Syndrome

Has your child become withdrawn or expressed an unwillingness to spend time with you? Has your once solid relationship with your children started to change? Parental Alienation Syndrome could be to blame. Contact Saraceno Law to get legal information and perspective on this situation. You may be able to take legal action to help ensure that this does not continue to occur.

Parental Alienation Syndrome (PAS) is a recognized disorder brought about by a parent’s attempts to alienate the other parent from their child or children. This is often done after a divorce or legal separation in an attempt to retain full custody or limit the visitation rights of the other parent. Whether in the case of sole custody or joint custody, a parent will use their position of trust and the power of their relationship with their child in order to brainwash or program the child into believing that the other parent does not love them, that the divorce was their fault or otherwise convince the child that he or she does not want to see the other parent.

Some signs of PAS include:

• Your relationship with your child is starting to deteriorate
• Your child no longer wants to visit you, for no apparent reason
• Your child has started to blame you for the divorce
• Your child has begun using grown up words or phrasing to explain why they don’t want to visit or why you are to blame (in this case, they are fed these words by the other parent or are continually told reasons why you are to blame)

How I Can Help

Parental Alienation is often committed in underhanded and secret ways. By working with a lawyer, not only can you get more information about this condition, but you can get an understanding of your options in order to make this stop. Your lawyer can help you understand the signs to look for as a preventative measure and can help you take legal action against the other parent if this is already occurring.