New York Child Custody and Visitation Lawyers

In child custody and visitation matters, the only factor that drives the court is the best interests of the child or children involved. The parents' interests are secondary, at best.

Whether your child custody case is being handled in court or through some form of alternative dispute resolution, our experienced child custody and child visitation lawyers are dedicated to helping you resolve custody and visitation matters while upholding the focus on the best interests of the children.

Our attorneys practice in Westchester, Bronx, Putnam, Dutchess, Rockland and Orange counties as well as throughout New York State. 

Our child custody and visitation attorneys begin by talking with you about the issues you are facing regarding your custody matters. The lawyers at Riebling, Proto & Sachs, LLP strive to help clients understand the many different types of custody and what they may mean for you and your children.

We offer Free Consultation with our skilled and compassionate child custody and visitation lawyers at our law offices in White Plains, New Windsor, Bronx, and Brewster, NY.

Are seeking legal advice regarding New York State child support and enforcement? Turn to our New York Child Support Lawyers. We offer comprehensive family law legal advice and representation, legal advice on divorce, and advice in child support enforcement laws. 

Some of the Types of Child Custody and Visitation Arrangements Include:

• Joint child custody
• Physical child custody (residential custodian)
• Sole child custody
• Split child custody (50-50)
• Non-custodial child visitation (supervised or unsupervised)

Though a parent may not have physical child custody, they are most frequently still involved in all of the decision making processes regarding the well-being of the children. This can range from medical and health issues to the choice of the child’s daycare provider or school.

Though many child custody cases are handled within the context of a divorce, our child custody lawyer also represents clients that are seeking custody and visitation when they have never been married to the child's other parent, or even prior to obtaining a formal divorce. In these cases, the children will be appointed their own lawyer, referred to as a law guardian, to ensure that their best interests are at the heart of the custody case.

Child Custody Laws and Rights in New York State

In New York, as a parent, you have legal rights regarding your children and the law protects those rights.  At Riebling, Proto & Sachs, LLP we have the necessary child custody forms and paperwork accepted by the court to aggressively protect your legal rights as a parent.  When drafting any child custody Court forms, petitions or paperwork it is always important to consult one of our family law attorneys to aggressively protect your parental rights.

As experienced family law attorneys we understand the different factors regarding child custody and will analyze your case to be sure those factors are argued and placed before the court for review either in the initial child custody forms, paperwork, motion, or in court.

Laws in New York State to determine Child Custody Rights include the following:

• The effect of a separation of siblings;
• The wishes of the child, if the child is old enough;
• The length of time the present custody arrangement has continued;
• Abduction or abandonment of the child or other defiance of legal process by one of the parents;

• The relative stability of the respective parents;
• The care and affection shown to the child by the parents;
• The atmosphere in the homes;
• The ability and availability of the parents;
• The morality of the parents;
• The prospective educational probabilities;
• The possible effect of a custodial change on the children;
• The financial standing of the parents; and
• The parents' past conduct.
• The refusal of a parent to permit visitation and/or the willingness of a parent to          encourage visitation;
• Unauthorized relocation of the parent and child to a distant domicile; and
• Making unfounded accusations of child abuse.

Where either parent alleges that the other parent has committed an act of domestic violence against the alleging parent or a family or household member of either parent and the allegations are proven by a preponderance of the evidence.

No one factor is determinative in making a child custody award. The New York courts must weigh and balance the "totality of the circumstances" in making any custody determination.

Grandparent’s Rights to Child Custody & Visitation

The attorneys at Riebling, Proto & Sachs, LLP have represented grandparents seeking visitation and/or custody of grandchildren and parents who wish to prevent grandparents from assuming custody or obtaining visitation.  Each case is fact specific.  There is no simple form or custody paper to draft regarding these issues. 

To discuss your child custody and visitation issue in greater detail please feel free to contact our law office for a Free Consultation.

New York Domestic Relations Law Amendment Regarding Child Custody Laws & Rights for Grandparents

In January, 2004, the New York Domestic Relations Law was amended regarding child custody laws and rights to give the grandparents of a child residing in New York State custody rights in a case where the grandparents can demonstrate the existence of "extraordinary circumstances".

However, the right to visitation is not presumed, and the grandparents must show that they have sufficient existing relationship with the grandchild or have made a sufficient effort to establish such a relationship and that the visitation would be in the child’s best interests.

Visitation by a non parent is strictly limited to grandparents or a sibling.  Other persons lack standing, child custody laws and rights, to seek visitation regardless of equity considerations or the best interests of the child.

Your Child Custody Attorney will Provide Counsel & Guidance in Custody Decree

In addition to our representation of clients in the initial phases of a custody case, our experienced child custody and visitation lawyers provide counsel and guidance in enforcement and modification of a child custody decree.

Enforcement of Child Custody Decree

If your spouse is not paying the child support ordered by the court, or not allowing visitation or access to the children, we can discuss bringing a motion to enforce the court's orders on child custody and visitation.

Modification of Child Custody Decree

After a divorce, changes in circumstances, such as a parent's relocation or move, decreased or increased incomes, or one parent's inability to care for the children may require a modification of child custody or child support. Our child custody and visitation lawyer can help you move for a change of custody or support.

The attorneys at Riebling, Proto & Sachs, LLP  can assess your child custody case and provide you with a realistic view of the possibilities for obtaining a positive resolution to the matter. You will be represented by attorneys who regularly represent clients with child custody and child visitation cases in Westchester, Bronx, Putnam, Dutchess, Rockland and Orange counties as well as throughout New York State. 

Contact our law firm today to discuss your case with knowledgeable and compassionate child custody and child visitation lawyers.  A free initial consultation is available along with flexible appointment times (upon request) at our law offices in White Plains, New Windsor, Bronx, and Brewster, NY.