Legal Guidance For Child Custody And Visitation In The Bronx

It doesn't matter whether you live in Morris Park or Port Morris; the same custody laws and rights apply throughout the Bronx. It is important for you to understand the basics, when you are making decisions about your future and your child’s future.

• How Is Child Custody And Visitation Determined?

Throughout New York, including in the Bronx, child custody is supposed to be decided in the best interest of the child and their well-being. This guiding principle is somewhat vague, however, and in practice, it means trying to keep both parents in the child’s life, maintaining their economic and emotional well-being, and doing the least possible harm to their future.

Courts will take all kinds of information into account when deciding which, if either, parent gets primary custody. This could include:

• The opinion of the child,
• The incomes of the parents,
• Current living situations,
• Medical conditions and insurance,
• Even a forensic report by a court appointee, if required,
• Any other relevant factors.

If you have to go to court to get a custody agreement decided, however, you have already lost half the battle because it means you have given up control over the outcome. It also means you will have twice the need for a good lawyer to advocate for your perspective and rights during the custody or visitation debate.

Most of the time, however, a judge will only sign off on an agreement you and your ex can agree on. Such cooperative agreements can simplify custody debates considerably while ensuring that any agreement you sign, even if it is a compromise, is one you agree with. These agreements are often reached through careful discussion, formal negotiation, or even mediation and should never be signed without review by an attorney.

• What Is The Difference Between Legal And Physical Custody?

One of the main questions your custody agreement or the court will have to decide on is who gets primary legal and physical custody. Physical custody refers to the care of the child and their needs, including where they will primarily reside. Legal custody, on the other hand, refers to decision-making power over the child and their life, from medical to educational matters.

Much of the time, physical and legal custody will go to the same parent, which will give them the primary or sole care and custody of the child. The other will then get visitation rights or limited custody. It is very rare for one parent to get physical custody and the other to get legal custody. However, it is also quite common to have both physical and legal custody given to both parents through a joint custody arrangement.

Such joint custody may be legal, physical, or both. It means that you will be sharing the care of your children and making decisions together, though the court may design one parent to have the ultimate say or decision-making capacity as well.

• How Can I Modify A Custody Or Visitation Agreement?

Some parents in the Bronx find that the custody or visitation agreement they originally signed or had imposed on them by the court is no longer viable or in the best interest of their children. Others may want to modify their child custody or visitation arrangements because they need to move away from the Bronx, which can significantly complicate shared custody or visitation schedules.

If this is the case for you, even when things seem drastic, or you have to move in a hurry, it is important not to act without the court's approval, as this will severely jeopardize your case. Instead, you have to petition the court to get the custody agreement or visitation agreement modified with evidence to support your claim. Again, this must be presented in terms of what is best for the child and not just what is convenient for you or your family situation.

If you want the court to take your situation seriously and have your evidence and arguments presented in their most compelling form, you should be sure to work with an experienced family court lawyer when seeking custody or visitation modifications. In the Bronx, lawyer Jeffrey Johnson can help you pursue these modifications when needed.

The Law Office Of Jeffrey W. Johnson | NYC lawyer ready to help your family through hard times, including custody conflicts.

If you are facing a divorce or separation in the Bronx or anywhere in New York City, your child’s future and your relationship with them may very well be at stake. If you are already struggling with a custody dispute or need help with custody mediation or negotiating a modification, we can help.

Whenever possible, our custody and visitation family court lawyers strive to settle these questions and conflicts cooperatively without going to court, leaving everyone better off. Yet we never lose sight of what matters most: your rights and the best interests of your child, and we are always ready to fight for both in court when needed.

To schedule a consultation with our firm and get the custody and visitation advocacy you need, just call (718) 557-9767 or reach out to us online. We look forward to protecting you and your children’s future together.