Westchester County Child Custody Lawyer

Experienced Child Custody and Visitation Lawyer Representing NY State

There is no question that a divorce can significantly impact you and your family. Child custody & visitation battles can get contentious. At Riebling & Payton, PLLC, our Westchester County child custody lawyers understand the emotional and legal challenges that result after a divorce proceeding. 

Because matters of this nature can be both sensitive and complex, our goal is to help establish a plan that represents the best interests of your child, while also ensuring your rights as a parent are protected. Every family is unique, as is every visitation and child custody case. If you need legal representation regarding your child, don’t hesitate to contact our office in Westchester County. 

Our family law lawyers will take the time to listen and understand your circumstances so we can provide guidance in your legal process. As most people are unfamiliar with child custody & visitation laws in New York State, we recommend you reach out to us as soon as possible.

Call (914) 712-6878 or contact us online to get started on your custody case and schedule a free consultation today! Our Westchester child visitation lawyers can help.

Understanding Child Custody Laws in New York

In New York’s Family and Supreme Courts, custody determinations are based solely on the "best interests of the child" standard—a broad legal concept that requires a lawyer who can effectively present complex facts, testimony, and evidence regarding a child's day-to-day life.

In New York, custody must be established in cases of divorce, as well as those involving parents who were never married but share a child together. It’s also important to note that custody & visitation are separate family law matters, but are usually determined during the same hearing.

Types of Child Custody in New York

There are several types of child custody in New York:

• Legal custody: meaning one or both parents have complete authority to make decisions for the child. The non-custodial parent may receive education and medical information, but they are not allowed to make decisions regarding these matters.
• Physical custody: refers to where and with whom the child will live.
• Joint custody: there can be both joint physical and joint legal custody. This means two parents share custody and make authoritative decisions together; the child can split time at each parent’s home, for instance, living with one parent one week and the other parent the next week; and both parents must communicate with each other to accommodate the child’s needs.
• Sole custody: only one parent has both physical and legal custody, and that parent holds full rights to the child.
• Third-party custody: this will only occur if a child is under the custody of a third party, i.e. non-biological parents.

In most custody cases, the court will rule in favor of the child maintaining a relationship with both parents. If one parent wins sole custody, the other will be granted visitation with the child, unless there is reason to believe the parent should not have visitation rights (for example, they are considered a danger to the child’s safety and well-being). 

Either parent, sibling, or grandparent can seek visitation. However, it is ultimately up to the court to determine who is allowed visitation (based on the child’s best interest).

Key Factors in Custody Decisions

New York family courts prioritize the best interests of the child when making custody determinations. A Westchester County child custody attorney can help parents present strong cases by demonstrating their ability to provide a stable, supportive, and nurturing environment.

Some of the factors considered in this determination are:

• Parental History and Fitness: The mental and physical health of each parent, including any history of alcohol or drug abuse, or criminal activity.
• Child’s Relationship with Each Parent: The love, affection, and emotional ties between the child and each parent. This includes which parent has been the child's primary caregiver up to this point.
• Parenting Skills and Capacity: Each parent’s ability to provide for the child's emotional, intellectual, and material needs, including providing food, clothing, shelter, medical care, and supervision.
• Parental Cooperation: A parent’s willingness to facilitate a relationship with the other parent is important.
• History of Abuse or Neglect: Courts take allegations of domestic violence or neglect seriously.
• Stability and Continuity: The need to maintain stability and continuity in the child’s life, including their community, school, and friendships.
• Geographic Proximity and Relocation: The distance between the parents’ homes and how that affects the visitation schedule and the parents' ability to share responsibilities. If a parent is seeking to relocate with the child, this is subject to an entirely separate, strict legal analysis.
• Child's Preference (Where Age-Appropriate): The child’s wishes are considered, though not determinative, especially for older, more mature children.
• Siblings: Courts may aim to keep siblings together when making custody decisions.

A child custody attorney in Westchester County must be prepared to conduct a thorough investigation, interviewing witnesses, reviewing school records, and potentially hiring forensic evaluators to build a comprehensive case that addresses every one of these elements in our client's favor. Our firm has the resources to conduct such a comprehensive review, ensuring the court sees the full picture.

Establishing Visitation Rights and Parenting Time in Westchester County

Even when one parent has sole physical custody, the non-custodial parent typically retains visitation rights. A Westchester County visitation lawyer can help ensure that parenting time arrangements are reasonable and enforceable.

Common Visitation Schedules:

• Standard Visitation: Every other weekend and one evening per week.
• Extended Visitation: Additional time during holidays and summer breaks.
• Supervised Visitation: Court-ordered visits in a supervised setting.
• Virtual Visitation: Video calls and other remote communication options.

Courts may limit visitation if a parent has a history of abuse, neglect, or substance abuse. A Westchester County visitation lawyer can advocate for fair and consistent parenting time arrangements while prioritizing the child’s safety.

The New York Family Court Process for Child Custody Disputes

Navigating the Family Court system for a custody dispute is a procedural maze that can be overwhelming without experienced legal counsel. Our firm guides clients through every phase of the process, ensuring all procedural requirements are met and deadlines are strictly observed.

Step 1: Filing the Petition and Initial Appearance

The process begins when one parent files a custody petition in Family Court (or a motion in Supreme Court divorce proceedings). The other parent is served and required to appear. At the initial appearance, the court may do several things:

• Issue a temporary, immediate order for custody and visitation to maintain stability.
• Appoint an Attorney for the Child (AFC), who acts as the child's own legal advocate.

Step 2: Conferences and Mandatory Mediation

Most New York courts encourage or mandate attempts at settlement before a full trial. This often involves:

• Conferences: Informal meetings with the Judge or a Support Magistrate to discuss settlement terms.
• Mediation: A neutral third party helps the parents negotiate a mutually agreeable Parenting Plan.

A skilled Westchester County child custody lawyer plays a vital role in these conferences, negotiating firmly but reasonably on our client's behalf to avoid the expense and trauma of a trial.

Step 3: Discovery and Fact-Finding

If settlement is impossible, the case moves into a fact-finding phase where evidence is gathered. This often involves:

• Disclosure Demands: Requesting financial, medical, or school records from the other parent.
• Forensic Evaluations: The court may order a mental health professional (psychologist or social worker) to conduct an investigation of the family, interview the parents and child, and issue a report recommending a custody arrangement.

Step 4: Trial (Hearing)

If no agreement is reached, the case proceeds to a formal trial. This is where the skill and experience of your advocate are most crucial.

• Testimony and Cross-Examination: We present witnesses, including the parents, teachers, medical professionals, and, often, the forensic evaluator. We rigorously cross-examine the other parent’s witnesses to expose inconsistencies or weaknesses in their case.
• Final Determination: Based on all the evidence and testimony presented, the judge issues a written decision and order detailing the custody and visitation terms.

The procedural complexity of this timeline requires a seasoned child custody attorney in Westchester County to ensure no stone is left unturned. Our firm’s comprehensive experience means we are prepared for every stage, from the initial temporary order to a final appealable judgment.

Modifying Child Custody & Visitation Orders in New York Family Courts

Establishing a custody and visitation order in Family Court is always an important first step in looking out for the best interests of a child. However, over time parents may find themselves in situations where their custody order no longer works for their families. In New York, custody orders can be modified at any time in certain limited circumstances.

Modifying a child custody order is a serious matter that requires careful consideration and appropriate drafting and filing of a Petition to Modify an Existing Order of Custody and Visitation. In addition to preparing the proper petition, other considerations include selecting the appropriate venue (court) for the action and service of the petition. 

Generally, it is often in the best interests of the parties and the child to consult with custody lawyers familiar with the process and courts.

When a Custody Order Can be Modified in New York

A change of circumstance is a necessary component of a Family Court Petition to modify a custody order, and it includes:

• Change in finances
• Parental relocation
• Changes in the health of the parties
• Abandonment
• Remarriage
• Abuse or neglect
• By request of a child 12 years old or older

Modifying a Custody Order in Cases of Abuse, Neglect, or Abandonment

In order to modify a New York custody order in circumstances where abuse, neglect, or abandonment are alleged, the requesting party must submit an affidavit to the court that details all the facts and allegations of the abuse, neglect, or abandonment. 

Modification of the custody order will be approved if the facts alleged in the affidavit establish: 

1. the modification of the custody order would be in the best interest of the child, 
2. the child is in danger due to unsafe living conditions or by the parent, 
3. the child has been abandoned by the parent.

Modifying a Custody Order in Cases of Parental Relocation

If the parent who has physical custody of the child decides to make a significant move, that relocation may have a major impact on the life of the child. In these instances, the family court will encourage the parents to come to an agreement that would accommodate the relocation. 

However, any agreement would allow both parents to continue to have significant contact with their children. If no such agreement is reached, the court will reach its own decision based on what arrangement is in the best interest of the child.

Modifying a Custody Order by Special Request of the Child

In some cases, when a child over the age of 12 has a strong preference as to who their custodial parent will be, New York Law allows the child to make their preferences known to Family Court Judge. It should be noted that the child’s request is not determinative, their wishes are taken into consideration by the Judge when deciding whether or not to modify the custody order.

How Riebling & Payton, PLLC Can Help with Custody Cases

Riebling & Payton, PLLC has the background and experience necessary to handle child custody & visitation battles. We use strategic methods to maximize your chance at the best possible result based on the circumstances of your case. We can also help file a petition to change custody or visitation rights so you can restore your rights as a parent.

Our firm provides a comprehensive evaluation of your specific custody situation, offering personalized advice and rigorous representation tailored to your needs. We strive to create an atmosphere of open communication, building a solid client-attorney relationship that fosters trust and clarity. Whether addressing initial custody arrangements or seeking modifications, our approach is always centered on protecting children and empowering parents.

Call (914) 712-6878 to speak with our Westchester County custody lawyer about your case, or contact us online.