child custody

New York Child Custody Lawyers

If your separation or divorce involves minor children, the issue of child custody is likely to be your focal point of your divorce proceedings. Divorce is never easy, no matter how contentious or amicable you may think it is, it is especially difficult for the children of the divorcing couple.

Law Offices of Mindin & Mindin, P.C., we help our clients with child custody issues that carry all types of complications. Schedule a free case evaluation with our New York City divorce lawyera if you require aggressive and knowledgeable legal assistance with your child custody issue.

HOW DO THE COURTS MAKE THEIR DECISION WHEN IT COMES TO CHILD CUSTODY?

It is a common misconception that custody defaults to the mother, that is not always the case, the results of a child custody dispute are never a certain conclusion and they can become very complicated and contentious. Many considerations are made by the court when deciding a child custody arrangement.

Children under the age of 18 will be under the court's jurisdiction when deciding custody. Parents, however, may continue to involve an older child in disputes regarding spousal support for assistance with educational costs, medical expenses, and medical insurance.

FACTORS THAT ARE INCLUDED IN THE COURT'S DECISION

When determining what is best for the child or children, the court will consider many factors, including:

  • The age of the child (or children)
  • Whether one parent has been the primary caregiver of the child
  • Whether the child has any special needs
  • The parenting skills of each parent
  • The mental and physical health of the parents
  • Whether there is any history of domestic violence
  • The work schedules and job demands of each parent
  • The proposed child-care plans of each parent
  • The child's own preference, depending on his or her age

WHAT ARE THE TYPES OF CUSTODY?

Custody relates not only to where the child resides (residential or physical custody), but who is given the right and responsibility to make decisions for the child (legal custody).

  • Legal custody involves making medical decisions and the ability to make decisions about the child's education. Often, both parents will want to share in these responsibilities, in which case they will have a joint custody agreement (if the court agrees it is in the best interests of the child). In most cases, courts prefer that both parents continue to develop a positive relationship with the child or children.
  • The court may award sole custody to one parent in cases in which one parent may not want custody or may believe that the other parent is not fit to have either physical or legal custody. Sole custody does not relieve the non-custodial parent of his or her child support responsibilities. The non-custodial parent may also be able to obtain visitation rights, which the custodial parent must honor. Special conditions may be attached to visitation, such as requiring a third party supervisor for a parent who has a history of substance abuse, domestic violence, or mental instability.

In some cases, neither parent may be fit to care for the children. In this situation, other interested parties, such as grandparents, aunts, uncles, or even more distant relatives, may apply for custody. These parties may also seek custody when the parents have abandoned, neglected or abused the children, and if the third party or parties can demonstrate that granting custody to them would serve the best interests of the child or children.

CONTACT US TODAY FOR A FREE CONSULTATION

Our legal team can evaluate your situation and help you negotiate a reasonable solution, prepare and review the necessary paperwork, and ensure that the custody and visitation orders are fair to both you and your child.

Whether you are preparing for a custody battle, find yourself in the middle of one, or need to  modify an existing custody arrangement, our firm is ready, willing, and able to assist you.

Contact us at 888-501-3292 or e-mail us with any questions you may have.

New York City Order of Protection in Domestic Violence cases

An order of protection is an important and vital tool used to keep thousands of New Yorkers safe and maintain a recourse against an abusive partner or family member. 

It happens that sometimes domestic abuse is alleged against a person for the purpose of gaining an advantage in a contentious child custody dispute or in a divorce. Some people make false allegations as retaliation or believing that they will receive some type of sympathy from the court. Allegations of abuse against someone are very serious and when they do not reflect the truth can have a tremendous effect of putting someone's career, personal relationships and their reputation in jeopardy.

How can I fight a protection order?

To fight an Order of Protection you need the assistance of a skilled attorney. We here at Law Offices of Mindin & Mindin, P.C. are here to assist you during this difficult process. Your story is important to us and we understand the serious implications a protection order, even a temporary one, may have on your life and peace of mind. We will assist you in gathering evidence necessary to disprove the allegations and to question the truthfulness of your accuser. 

Do not wait until the last minute to retain us as your attorneys. An order of protection can have serious implications and we are best able to handle your case if we get involved from the outset. One of the worst moves you could make if you find yourself in this type of situation is not showing up to court and not calling us at 888-501-3292 or contacting us for a consultation.

An order of protection will have immediate consequences. Each order is different based on the facts of your case. A judge can order an individual to have no contact with the accuser or the children the two share in common. That contact often extends beyond the physical to phone calls, text messages and other forms of electronic communication (Yes, Facebook, Twitter, Instagram, Snapchat are all a major no-no). A protection order can also result in the accused being forced to move out of the shared home and may bar the the accused from possessing a firearm or consuming alcohol. 

There could be consequences to one's immigration standing. If a person is convicted criminally for domestic violence and is a non-citizen, this could be grounds for immediate deportation. It doesn't matter if the person has lived here 30 years, has purchased a home, has a stable job and extensive family here in America. A protection order may not constitute grounds for deportation, but it certainly will not help your application if you are in the process of seeking citizenship. If you violate the order in any way, that IS considered a crime, and could be grounds for deportation. 

What should I do about a false domestic violence claim?

Orders of protection can be issued by the New York criminal court, but can also be obtained in Family Court.

False allegations of domestic abuse are common in cases where there is a bitter battle for child custody. Accusers know that the courts will weigh the case in terms of whatever is in the best interest of the child. Showing that the other partner is somehow unfit or has a propensity for violence in the home can prompt a judge to set an arrangement that favors the accuser. 

Unlike the high standard of proof required in criminal court, grounds for orders of protection do not need to be proven beyond a reasonable doubt. This lower proof threshold means that it is up to the accused to show why such an order is unjustified. Given the seriousness of potential consequences, experienced legal help is always necessary.

If you want to fight a false order of protection New York City, call our offices at (888) 501-3292 or e-mail us for a free consultation.