Queens Child Custody, Visitation and Support Attorney
Ensuring your children’s best interests stay at the center of your separation or divorce can feel overwhelming. As a Queens child custody attorney, I know the best case scenario happens when you and your child’s other parent can agree on the terms of physical and legal custody. New York family courts prefer for parents to reach an agreement on their own because you know your children better than any judge ever will.
I am attorney Michael Ganci and I can help you create a plan that works for your family’s unique needs while keeping your stress low. My goal is to guide you through these emotional decisions so your children stay protected.
Call Ganci Law Group P.C. at 347-808-5133 or send me an email to schedule a consultation. I am also available on WhatsApp.
Understanding Types Of Child Custody In New York
In New York, child custody is split into two different categories: legal and physical. You need to understand both to protect your parental rights.
- Legal custody: This is about who makes the big decisions, including where your child goes to school, what doctors they see and what religion they practice. In joint legal custody, both parents must talk and agree on these choices. In sole legal custody, only one parent has the final say.
- Physical custody: This identifies where the child actually lives. One parent has sole physical custody if the child lives with them most of the time. If the child’s time is divided roughly equally between both homes, it is joint physical custody.
The family court judges favor parents who agree to commit to joint custody and parenting responsibilities because this arrangement would maintain regular and consistent contact between both parents and their children after a divorce.
Best Interests Of The Child Standard: Key Factors Guiding Court Decisions
When parents cannot agree about which parent the child will live with following a separation of households, the court will make the decision for parents using terms set out under the “best interests of the child” guidelines. The court also considers factors such as:
- Which parent is proven to be the child’s primary nurturer and best able to care for the child
- How each parent’s general mental and physical health affect their relationship and parenting ability
- How each parent will approach child care arrangements when they have to go to work
- If there are other children, how the new arrangement is going to flow and promote healthy relationships
- For children of a certain age, the court may even lean toward the child’s preferences
- If one or both parents are contending with illegal substance abuse or a history of violence
These guidelines are not rigid and do not favor a mother or a father. When domestic violence is a factor in your divorce or separation, of course, your child’s safety is the main concern.
Child Visitation And Shared Parenting
If one parent has sole physical custody, the other parent is usually granted “parenting time” or visitation. My goal is to create a schedule that keeps your bond strong.
- Typical arrangements: This often includes alternating weekends, a midweek dinner visit and a split schedule for holidays and summer breaks.
- Supervised visitation: If there are safety concerns, a judge might require a third party to be present during visits to ensure the child stays safe.
You should never withhold visitation because of money issues. Not paying child support is not a legal reason to stop a visit. If your child’s safety is at risk, we can ask the court for a modification of the order immediately.
Financial Security Through Child Support
Every child has the right to be supported by both parents. As a Queens child support lawyer, I make sure the math is done correctly so your child has what they need.
- Income: New York looks at almost all money coming in. This includes your base salary, yearly bonuses, commissions and self-employment income.
- Enforcement: If a parent refuses to pay, the court has ways to collect. They can take money directly from a paycheck, freeze bank accounts or even suspend a driver’s license.
- Modifications: Life changes. If you lose your job or your income drops by 15% or more, we can ask the court to change the support amount.
- Special needs: If your child has physical or learning disabilities, they may need extra support for therapy or special schooling. We fight to ensure these add-on costs are covered fairly.
If a court makes a mistake in a ruling, as NY child support appeals attorney, I can help you challenge that decision to get it fixed.
Establishing Paternity
Before you can ask for custody or support, the law must recognize who the parents are. If a child is born to a married couple, the husband is usually legally the father. However, if the parents were not married, we may need to establish paternity. This is often done by signing an “Acknowledgment of Paternity” at the hospital or through a DNA test ordered by the court. Once paternity established, you can move forward with a Kew Gardens child visitation lawyer to set a schedule.
Appeals In Family Court And Supreme Court Of New York
No one is perfect. Even experienced judges can make mistakes that significantly impact family rights.
When a decision is based on an incorrect interpretation of facts, law or circumstances, it may be subject to appeal. An appellate court can review whether the law was properly applied and whether the parties’ rights were respected.
My team and I are prepared to thoroughly review the record, identify legal errors and present arguments before the appellate courts. In some cases, temporary relief may also be sought while the appeal is pending if the decision has an immediate and substantial impact on a family. Our goal is to protect your rights and seek correction of any unjust outcome.
Stand Confident In Your Decisions With An Experienced Advocate At Your Side
At Ganci Law Group P.C., I can help you understand New York’s complex laws surrounding child custody and visitation. I can help you establish paternity when necessary to get the support your child needs. While the state provides the formula for establishing child support amounts, there may be exceptions that apply. I will help you explore your options to ensure your child’s needs are met. Call my office in Kew Gardens at 347-808-5133 or send me an email for a consultation for any legal matters related to your children.