Child Custody

Bronx Child Custody Lawyer

What happens to the children after a divorce? It’s a question that can provoke a lot of very justifiable emotions and no small amount of legal wrangling. Parents who are dealing with seeing the raising of their children placed on a negotiating table or in front of a judge need reliable, experienced, and tough-minded legal help. That’s what our Bronx child custody attorney gives them.

Family Law Attorney Jayson Lutzky has handled challenging divorce settlements that number in the thousands in an award-winning career that goes back to 1985. 

With Attorney Lutzky you get thoughtful experience, aggressive advocacy, and a sharp, detail-oriented paralegal team to handle your family law case. We work with clients throughout the Bronx and the surrounding areas, and serve both the English and Spanish-speaking communities. 

Call today at (718) 550-2881 or reach out here online to set up a free consultation. 

2 Types of Custody in the State of New York

The issues of legal custody and physical custody must both be worked out. Legal custody refers to decision-making power in key, big-picture areas of a child’s life. Where will the child go to school? The power to make that decision falls under legal custody. If a decision has to be made on whether a child will undergo surgery, who has the authority to make that call? That’s determined by what the settlement says on legal custody. Will the child be raised in a particular religious tradition? That’s another example of legal custody. 

Legal custody can also refer to many other issues that will arise in the day-to-day life of a child. Can a parent sign a permission slip to allow a child to go on a field trip at school or participate in an extracurricular activity. If there’s been a divorce, that parental right must be spelled out in legal custody. 

Physical custody involves the decision on where the child will live. It can also include agreements on when a parent may take the child on a vacation, or how visitation time will be scheduled on extended breaks from school. 

Sole Custody vs. Joint Custody

Both legal and physical custody can be resolved in 1 of 2 ways. The first is sole custody, where parent has exclusive—or at least primary—control. The other is joint custody, which is shared between the parents. 

New York law starts off with an important presumption. The law presumes that the best interests of the child are best served by having both parents equally involved in the child’s life—which means joint custody. 

That’s presumption is only the starting point .There are certainly good reasons where sole custody can be appropriate, and the overriding factor will always be the best interests of the child. 

A child may be better off living primarily with the parent who will be keeping the family home, in the interests of stability. A child will certainly be better off not being extensively exposed to a parent who has serious addiction problems. A parent who is irresponsible may not be fit to exercise the decision-making power of legal custody. 

In all cases, the attorney for the parent seeking sole custody has the burden of proof in court. Judges do have the option of authorizing sole custody in one area, but joint in another. A common example would be sole physical custody, but joint legal custody. 

Creating a Custody Agreement that Works for Your Family

At Jayson Lutzky, we believe in finding custody solutions that prioritize the well-being and best interests of your children. Our experienced Bronx child custody lawyers are skilled in negotiating and drafting comprehensive custody agreements that address the unique needs and circumstances of each family.

When creating a custody agreement, we consider factors such as:

  • The child's age and developmental needs
  • The child's relationship with each parent
  • The parents' ability to cooperate and communicate effectively
  • The parents' work schedules and availability
  • The child's educational and extracurricular activities

Our goal is to help you establish a custody arrangement that promotes stability, consistency, and positive parent-child relationships. We will guide you through the legal process, explain your rights and options, and advocate for your interests in court if necessary.

Benefits of a well-crafted custody agreement include:

  • Clear guidelines for parenting time and decision-making responsibilities
  • Reduced conflict and potential for future disputes
  • Flexibility to accommodate changes in circumstances
  • Promotion of a healthy co-parenting relationship
  • A sense of security and routine for your children

Keep a Proven, Tough, and Experienced Bronx Child Custody Lawyer on Your Side

Your children are worth fighting for. Attorney Jayson Lutzky and his dedicated staff understand that. We put our full efforts behind diligent research and preparation, and then combining it with vigorous advocacy on behalf of our clients. 

Call today at (718) 550-2881or contact us onlineto set up a free consultation

Helpful Resources

What rights do divorced parents have regarding medical decisions for their children?

Divorced parents may have authority over making medical decisions for their children, depending on what is agreed upon in terms of legal custody.

Are there specific regulations that need to be followed for parenting time and vacation visitation with children after a divorce?

Yes, agreements regarding parenting time and vacation visitation with children after a divorce must adhere to specific regulations set by New York state law.

At What Age Can a Child Decide Which Parent to Live With in NY?

New York does not have a specific age at which a child can decide which parent to live with. Instead, judges decide on a case-by-case basis. The court has the final say until the child turns 18. 

Does NY Favor Mothers in Custody Cases?

New York's child custody laws are intended to be "gender blind" and consider each parent equally. However, custody decisions have historically favored mothers. 

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