Where People Usually Start
Family Court matters are urgent by nature. An order of protection, a support petition, a change in custody or a modification after a job loss all affect daily life immediately, and the court calendar does not wait for you to get organised. Many people arrive at the first appearance without knowing what relief they are asking for, or what the other side has already filed.
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Child custody cases in Brooklyn
A divorce is often hardest on the children. Through vigorous negotiation, parties to a divorce can sometimes agree to a child custody arrangement that is best for their child.
When the court needs to decide on child custody, it is vital that you receive experienced representation. You need an attorney who understands the law, can uncover evidence, and present a clear and compelling argument to the court.
Is your spouse a threat to the safety of your child? If so, you may need to argue for sole physical custody.
Is your former spouse unfit to make decisions? You may want to secure sole legal custody as well.
Visitation
Visitation and custody issues go hand in hand. When one parent secures sole custody of a child, the other parent usually has the right to visitation. The factors involved in visitation arrangements are similar to those in custody decisions.
Brooklyn courts have a wide range of discretion when deciding what is best. Judges must balance the best interest of the child, the child’s right to have a meaningful relationship with both parents, and any conditions that might exist to make it unsafe or unwise to allow visitation.
In New York, judges have flexibility to award visitation. Visitation will be either unsupervised or supervised depending on a given situation. If there is reason, a judge may require that a third-party professional supervise the visits.
Child visitation becomes a difficult issue when one parent has a history of questionable behavior. The following can make child visitation decisions particularly important:
- A parent has a drug addiction
- A parent has a history of untreated mental illness
- A parent has a history of violence or domestic abuse
- A parent has a criminal history
Why this needs a lawyer
Family Court is a separate court with its own petitions, procedure and deadlines, and much of what happens there is difficult to undo later. Support orders run until they are formally modified. A temporary custody arrangement can harden into a status quo the court is reluctant to disturb. Getting the first filing right matters more than it appears at the time.
Family Law — common questions
What is the difference between legal custody and physical custody?
Legal custody is the authority to make major decisions for a child — schooling, medical care, religious upbringing. Physical custody is where the child actually lives. They can be split in different ways, and it is possible to share one while one parent holds the other.
How does a court decide custody?
The standard is the best interests of the child. Courts weigh the child's relationship with each parent, stability, each parent's ability to meet the child's needs, and anything bearing on safety. There is no automatic preference, and judges have wide discretion in weighing these factors.
Which court hears custody and support cases?
Family Court handles custody, visitation, support and orders of protection. Divorce itself must be brought in Supreme Court, though a Supreme Court divorce can decide custody and support as part of the case. Which court is appropriate depends on whether a divorce is pending.
When would visitation be supervised?
When there is reason to believe unsupervised contact would be unsafe or unwise. A history of drug addiction, untreated mental illness, violence or domestic abuse, or a criminal history can all lead a judge to require that a third-party professional supervise visits.
Can a support order be changed after it is entered?
Yes, through a modification petition, but a change in circumstances has to be shown. A downward modification is not granted simply because paying has become inconvenient — the change generally needs to be substantial, involuntary and ongoing. Support continues to accrue until the court acts, so waiting to file is costly.
What is an order of protection and how do I get one?
It is a court order restricting contact or conduct. Family Court can issue one in connection with a family offense petition; criminal court can issue one in connection with a criminal case. They are enforceable and violations carry consequences, which also means the terms need to be understood precisely by both sides.
My ex is not following the custody order. What can I do?
Document what is happening and bring an enforcement application. Self-help — withholding the child, stopping support, or matching one violation with another — tends to damage your own position. Courts respond to a record, not to a description of events.
The answers above are general information about family law in New York, not legal advice, and do not create an attorney-client relationship. Every matter turns on its own facts.
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