Guidance from Compassionate Child Custody and Support Attorneys
Our knowledgeable and compassionate child custody and child support attorneys in New York and Connecticut understand the long-term impact that these outcomes have on families. We make every effort to maintain the close parent-child relationship whenever possible and appropriate.
Understanding Child Support
All parents are legally obligated to financially support their children up to age 21 in New York. Whether or not a child’s parents are married has no impact on the parent’s responsibility to pay child support. The parent with whom the child spends less time, will be required to pay child support to the “custodial” parent.
Obtaining Child Support
There are child support standards which are used to determine a parent’s child support obligation. These guidelines are in place to help ensure there is statewide fairness and uniformity in calculating child support. These standards apply to parents across all income levels.
Our child support lawyers regularly help parents determine child support, negotiate child support and, when applicable, obtain financial support.
Making Child Support Payments
After a child support hearing concludes in Family Court, the presiding Support Magistrate will make a determination of how much child support is owed and set a payment schedule. The parent making payments will generally do so directly to the other parent. Alternatively, payments may be made to the Support Collections Unit which serves as an intermediary party.
Failure to pay child support can result in revocation of professional licenses, revocation of a driver’s license, or seizure of bank accounts. In severe cases, willful nonpayment can even result in jail time.
Our knowledgeable and compassionate child custody attorneys in New York and Connecticut understand the long-term impact that custody decisions leave on families.
Modifying or Terminating Child Support
If either party is unhappy with the initial determination of child support, they may file an objection. Objections must be filed within 30 days of the court order.
If there are significant changes in circumstances that warrant a change in child support, this issue can be revisited. A parent’s loss of a job or significant raise may be reasons to seek a reduction or increase in child support.
Child support typically continues until a child reaches the age of 21. There are exceptions that apply to children under 21 who are married, support themselves, or are in the military.
Understanding Child Custody Matters
The issue of custody is divided into two categories: legal and physical. The court may decide to grant either sole or joint custody in one or both of these categories.
In New York, the age of majority is 18. When parents who have children under the age of 18 divorce, separate, or do not live together, the court may be petitioned to issue a custody order.
Legal Custody
Legal custody pertains to the right to participate in major decisions in a child’s life. Religious upbringing, education, and medical treatment are examples of issues that fall under legal custody.
Legal Custody in Child Custody Cases
Physical custody concerns where the child will live. When a parent is granted sole physical custody, the child will spend the majority of their time living with that parent. Physical custody may also be shared so that the child will spend the same amount of time living with both parents.
Determining Custody
The court looks to the best interests of the child to determine child custody. As such, the question of who will be awarded custody is largely determined based on the facts of each individual case before the court. The court will carefully evaluate factors such as:
The child’s wishes
The health of the parents
Domestic violence
Parenting skills
Drug or substance abuse
Stability and quality of the parent’s living environment
The parents’ work schedules
Location of any siblings
The willingness and ability to support the child’s relationship with the other parent
Changing a Custody Order
Custody orders are not necessarily permanent. Parties are permitted to file a petition to modify the terms of an existing custody agreement. Parties typically pursue modifications to custody orders when there has been a significant change in their situation. If you have questions about an existing child support arrangement, pursuing child support, or child custody in New York and Connecticut, our experienced lawyers are here to help.
Call our office for more information or to schedule a consultation.
When you first meet with Miller Law Group, you have the opportunity to address specific questions about your case and outline your goals. Based on your information, one of our lawyers will create a customized strategy for you to succeed.
There is no commitment to proceed with your case when you first meet with our team. We are here to offer as much information as possible so that you can make the right decision. We’ve provided a checklist to ensure that you get the most out of your conversation.
During your consultation, we will listen closely to your situation, needs, and desires to get a better understanding of your case. We will also provide any relevant information that may help you proceed with making a more informed decision moving forward.
After your consultation, it’s your choice if and when you want to begin the divorce process. If you decide to move forward with Miller Law Group, our lawyers will be with you every step along the way and with your best interests always in mind.
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Frequently Asked Questions
How to choose a child custody lawyer?
Choosing a child custody lawyer involves evaluating their experience in family law, understanding of custody regulations in your state, and their ability to communicate effectively with you. Prioritize those with a strong track record in handling child custody cases.
How to pick attorney for child custody?
Choosing an attorney for child custody requires careful consideration. Look for a lawyer with experience in family law, a strong track record in custody cases, and a clear understanding of the specific laws in your state.
How to find the child custody attorney?
Finding a child custody attorney involves researching local family law specialists, checking online reviews, and seeking referrals from trusted sources. Evaluate their experience, consult for compatibility, and ensure they understand your specific custody needs.
What does a child custody lawyer do?
A child custody lawyer specializes in representing parents in legal proceedings related to child custody and visitation. They provide guidance on custody agreements, advocate for their clients' rights, and help navigate complex family law issues to achieve the best outcomes for children.
What kind of lawyer handles child custody?
The type of lawyer that handles child custody cases is a family law attorney. These legal professionals specialize in matters related to child custody, support, and other family-related legal issues, providing essential guidance during challenging times.
What factors to consider when choosing a lawyer?
When choosing a lawyer, consider their experience in family law, particularly in child custody and support cases, their reputation, communication style, and fees. Making an informed choice can significantly impact your legal outcome.
How to prepare for a custody consultation?
Preparing for a custody consultation involves gathering relevant documents, such as any existing custody agreements, financial records, and documentation of your child’s needs. Be ready to discuss your goals and any concerns regarding the custody process.
What qualifications should a custody attorney have?
The qualifications a custody attorney should have include a valid law license in the state of practice, specialized knowledge in family law, and a track record of successful cases involving child custody and support negotiations.
How long does a custody case take?
The duration of a custody case can vary significantly based on factors such as complexity, willingness to negotiate, and court availability. Typically, it can take anywhere from a few months to over a year to resolve these matters.
What questions to ask a custody lawyer?
When consulting a custody lawyer, consider asking about their experience with similar cases, their approach to custody disputes, the potential timelines, and their fee structure. These questions can help you gauge their suitability for your situation.
How to assess a lawyers experience in custody?
Assessing a lawyer’s experience in custody involves reviewing their track record in handling similar cases, checking their education and certifications, and looking at client testimonials to gauge their effectiveness and expertise in family law.
What fees to expect from custody attorneys?
Fees to expect from custody attorneys typically include hourly rates, retainer fees, and potentially flat fees for specific services. Costs can vary based on the attorney's experience and the complexity of the case.
How can a lawyer aid in custody negotiations?
A lawyer can aid in custody negotiations by offering expert legal guidance, advocating for your rights, and facilitating effective communication between parties, ultimately helping to reach a fair and beneficial arrangement for both parents and children.
What is the role of a custody attorney?
The role of a custody attorney is to provide legal representation and guidance to parents dealing with child custody arrangements, ensuring their rights are protected and helping them navigate complex family law issues effectively.
What should be included in a custody agreement?
A custody agreement should include details about physical and legal custody arrangements, visitation schedules, decision-making responsibilities, and provisions for communication between parents. It is essential to prioritize the child's best interests throughout the agreement.
How does a lawyer influence custody outcomes?
A lawyer influences custody outcomes by providing expert legal advice, effectively presenting your case, advocating for your interests, and ensuring compliance with relevant laws, which can significantly impact the court's decision regarding child custody arrangements.
What are common custody case strategies?
Common custody case strategies include demonstrating involvement in the child's life, maintaining open communication with the other parent, and showing willingness to facilitate a relationship between the child and both parents.
How can I find local custody lawyers?
Finding local custody lawyers involves researching online directories, seeking referrals from trusted sources, and checking local bar association listings to identify experienced attorneys who specialize in child custody cases in your area.
What happens during a custody hearing?
During a custody hearing, the court evaluates evidence and testimonies from both parents to determine the best interests of the child. The judge will consider various factors, including each parent's ability to provide a stable environment, before making a custody decision.
How to evaluate an attorneys success rate?
Evaluating an attorney's success rate involves reviewing their track record in similar cases, asking about outcomes, and considering client testimonials. Look for metrics like won cases versus losses to gauge their effectiveness in handling child custody and support matters.
What resources do custody attorneys recommend?
Custody attorneys recommend utilizing resources such as parenting classes, co-parenting counseling, and local family law websites to better understand legal rights, responsibilities, and best practices for navigating custody issues effectively.
How to handle court documentation for custody?
Handling court documentation for custody requires careful organization and adherence to legal standards. Ensure all forms are accurately completed, submitted on time, and supported by relevant evidence to strengthen your case. Consider consulting an attorney for personalized guidance.
What are the steps in a custody process?
The steps in a custody process typically involve filing a petition for custody, attending mediation or settlement discussions, participating in court hearings, and ultimately receiving a custody order from the judge.
How does mediation work for custody cases?
Mediation for custody cases involves a neutral mediator who helps parents discuss and negotiate parenting arrangements. This collaborative process aims to reach a mutually acceptable agreement outside of court, focusing on the best interests of the child.
What to expect during a custody consultation?
During a custody consultation, you can expect a thorough discussion about your situation, including your concerns and goals regarding child custody. The attorney will provide legal advice, outline potential strategies, and answer any questions you may have.
How to navigate custody disputes effectively?
Navigating custody disputes effectively involves prioritizing your child's best interests, maintaining open communication, and seeking the guidance of an experienced attorney who can help you understand your rights and options in the process.
What legal rights do I have in custody?
Your legal rights in custody matters include the right to seek and obtain custody of your child, to be involved in major decisions regarding your child's upbringing, and to have your relationship with your child maintained and respected.
How to handle a custody modification request?
Handling a custody modification request involves filing a petition with the court and demonstrating a significant change in circumstances that justifies the modification. It's advisable to consult with an experienced attorney to navigate this complex process effectively.
What is the impact of custody on child support?
The impact of custody on child support is significant. Generally, the parent with primary custody may receive child support payments from the non-custodial parent to help cover the costs of raising the child.
How to gather evidence for custody battles?
Gathering evidence for custody battles involves compiling relevant documents and testimonies that support your position. This may include communication records, financial statements, witness statements, and proof of involvement in your child's life to demonstrate your suitability as a parent.
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