2435 Route 6, 2nd Floor | Brewster, New York 10509
Dedicated New York Attorneys Assist Clients in NY Child Custody Matters
Brewster law firm negotiates agreements and litigates custody arrangements
Attorney Kevin C. Brown
Establishing a suitable child custody arrangement is critical when parents of minors divorce. With the help of a skillful family law firm, you increase your chances of achieving a satisfactory outcome. At the firm of Needle | Cuda in Brewster, our attorneys have extensive experience assisting parents in negotiating custody agreements and developing parenting plans that work for all parties. We are also powerful advocates for clients in contested custody cases that must be resolved by New York judges.
Types of child custody
There are two forms of child custody: legal custody and physical custody. Legal custody describes who has the authority to make decisions for children regarding healthcare, education, religion and other key areas. One parent may have legal custody or it may be shared between both parents. Physical custody, also called residential custody, involves who the child lives with.
Physical custody can be awarded jointly or one parent may have sole physical custody with the other parent having visitation rights. In these cases, the noncustodial parent typically pays child support. However, even if one parent has sole physical custody and the other has visitation, both parents may share legal custody. There are various types of child custody arrangements that can be made, and we can help you arrive at one that is most beneficial for you and your children.
What is bird nesting in a custody arrangement?
This type of arrangement is typically used on a temporary basis, to provide stability for the child while the parents work to secure permanent housing. In a bird nesting arrangement, the child stays in the family home and parents move in and out based on their parenting time schedule with the child. Because this arrangement often involves three homes — the family home and homes for each parent — it requires financial stability. Parents must also be able to communicate well with each other and respect each other’s boundaries to make this work.
Bird nesting will not typically be ordered by the court, but it may be a viable choice for some parents. If this is a potential option for your situation, our attorneys can help you develop a bird nesting agreement.
How are NY child custody arrangements determined?
Parents can agree between themselves on child custody arrangements and develop an agreement to file with the court. If parents are not in agreement, the New York court will decide the arrangements based on the best interests of the child. To determine what is in a child’s best interests, the judge will consider a wide variety of factors and, after making the decision about legal and physical custody, will issue an order that parents must maintain compliance with.
While the ideal situation is for parents to come to an agreement on their own, that is not possible in some circumstances. Whether you need assistance putting together a custody agreement or require an attorney to represent you in the courtroom, we will work to get you the best possible result for your situation.
Contact our reputable Brewster family law firm for help with NY child custody issues
At Needle | Cuda in Brewster, we can help you negotiate a satisfactory child custody agreement or stand up for your rights in the New York courtroom if you and the other parent are in conflict about custody. To schedule a case evaluation call 203-557-9500 or contact us online.
What are the main types of child custody arrangements in New York?
New York recognizes legal custody (decision-making authority over education, healthcare, and religion) and physical custody (where the child lives). Each can be sole or joint. Common arrangements include sole legal and physical custody, joint legal with primary physical custody to one parent, and shared physical custody.
What is 'bird nesting' in a New York custody arrangement?
Bird nesting is a custody arrangement where the children remain in the family home and the parents take turns living there during their parenting time. It can provide stability for children during a transition but typically requires strong co-parenting communication and the financial ability to maintain multiple residences.
How does a New York court decide what custody arrangement is best?
New York courts apply the 'best interests of the child' standard, weighing factors including each parent's home environment, the child's relationship with each parent, parental mental and physical health, work schedules, history of domestic violence or substance abuse, and the child's preferences when age-appropriate.
Can parents create their own custody arrangement in New York?
Yes. Parents are encouraged to negotiate a parenting plan covering legal and physical custody, holiday and vacation schedules, decision-making, and communication. Courts generally approve agreements that appear to serve the child's best interests rather than imposing their own structure.
Can a New York custody arrangement be changed later?
Yes. New York courts may modify custody orders when there has been a substantial change in circumstances, such as relocation, a parent's remarriage, changed work demands, the child's evolving needs, or a parent's neglect or misconduct, and the modification serves the child's best interests.
