Child Custody

Our Brooklyn Child Custody Lawyer Protects Your Legal Rights

Are you going through a divorce in Brooklyn? If you are and you have children it is imperative that you hire an experienced Brooklyn child custody lawyer to help navigate the complex legal and procedural issues you will face. Child custody attorney Robert Gershon may be able to help.

Nothing is more important to you than your children, especially when you are in the midst of contested separation or divorce. Despite feeling confident that your marriage is over, you now face a range of issues. The emotions involved in ending a marriage run deep. There may be anger, resentment, and fear.

Economic concerns, safety issues, and other emotions play an important role in custody decisions. Brooklyn family lawyer Robert Gershon may be able to help you. He will assist you, working through these challenges, to obtain a fair outcome that is best for you and your children.

When you want to secure the future and safety of you and your children, contact an experienced Brooklyn family law attorney who can fight for you.

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Brooklyn Family Law Attorneys: Child Custody Involves Physical Custody and Legal Custody

Every divorce involves different circumstances. You and your spouse may be trying hard to resolve things amicably. Often, there are unresolved issues that cause one or more disputes over money and the children. If you have children, you must consider custody in any divorce case in Brooklyn New York. This involves issues of both physical custody and legal custody of the child.

Under New York law, physical custody refers to the parent with whom the child will live. It is also called residential custody.

Legal custody refers to which parent will have the power to make major decisions about the child or children. These decisions can include education, medical care, and religious practices.

Child Custody and Legal Custody Take Many Forms

There are multiple variations of custody arrangements. A child custody order or arrangement depends on the specific facts of each case. In Brooklyn (and throughout New York) the best interest of the child is normally the standard used to decide custody issues.

We see a range of outcomes in Brooklyn and New York with child custody:

• The court can award one parent sole legal and physical custody
  • This may occur, for example, when one parent is a drug addict or abusive and a threat to the child. The individual custodial parent has full authority to make all decisions.
• The court can award joint legal custody and sole physical custody
  • This may occur when there are two loving and capable parents, but one must live out of state because of work. Both have equal say in decisions, but the child lives with one parent because it is best for him or her to be in one place.
• The court can award joint legal and physical custody
  • This may occur when the court determines that it is best for the child to share time equally with both parents and have them both participate in important decisions.
• The court can also award sole legal custody and joint physical custody
  • This type of arrangement may result if the court determines that parents should spend equal time with the child but only one parent is fit to make decisions in his or her best interest.

In rare situations, by agreement or court order, split custody or third-party custody may become appropriate for the child. Split custody puts different children with different parents. Third-party custody involves placement of a child with a non-parent and is usually reserved for emergency situations such as death or incarceration.

Aspects of Child Custody Cases in Brooklyn

Enforcement of Child Custody Orders – When one parent violates a custody or visitation order, the other parent can seek enforcement through the court. Brooklyn courts take these violations seriously and may impose remedies such as makeup parenting time, fines, or even changes to the custody arrangement. In more serious cases, repeated violations can result in contempt of court proceedings.

Modification of Child Custody Orders – Child custody arrangements are not always permanent. A parent can request a modification if there has been a substantial change in circumstances, such as relocation, changes in the child’s needs, or concerns about a parent’s behavior. Courts will only modify an existing order if doing so serves the best interests of the child.

Best Interests of the Child Standard – New York courts use this standard to guide all custody decisions. Judges evaluate factors such as each parent’s ability to provide stability, the child’s emotional and physical needs, the relationship between the child and each parent, and any history of abuse or neglect. No single factor controls the outcome, and courts weigh all relevant circumstances to determine what arrangement best promotes the child’s well-being.

Child Custody for Non-Relatives – In certain situations, individuals who are not the child’s parents or relatives may seek custody. These cases are typically more complex, as the court must first determine whether extraordinary circumstances exist that justify granting custody to a non-parent. If so, the court will then apply the best interests of the child standard.

Grandparents Custody Rights – Grandparents in New York may seek custody or visitation under specific circumstances, particularly when there is an existing relationship with the child or when the child’s parents are unable to provide proper care. Courts will evaluate whether granting custody or visitation to a grandparent is appropriate and in the child’s best interests.

Custody Disputes with Child Abuse Allegations – Allegations of abuse can significantly impact custody proceedings. Brooklyn courts prioritize the safety of the child and will carefully investigate claims of physical, emotional, or sexual abuse. These cases may involve forensic evaluations, supervised visitation, or temporary custody changes while the allegations are reviewed.

Child Relocation – When a custodial parent wishes to move with a child, especially out of Brooklyn or New York, court approval may be required. Judges will consider factors such as the reason for the move, the impact on the child’s relationship with the other parent, and whether the relocation will improve the child’s quality of life.

Emergency Child Custody Orders – In urgent situations where a child’s safety is at risk, a parent can seek an emergency custody order. These orders are typically temporary and may be issued quickly to protect the child from harm. A full hearing will usually follow to determine a longer-term custody arrangement.

International Child Custody Disputes – Cases involving parents in different countries can raise complex legal issues, including jurisdiction and international treaties. Brooklyn courts may apply laws such as the Hague Convention on the Civil Aspects of International Child Abduction to address wrongful removal or retention of a child across international borders.

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Contact Our Brooklyn Child Custody Lawyer Robert Gershon Today

For compassionate and experienced help with your child custody case in Brooklyn, call the Robert S. Gershon, P.C., Attorney at Law. Let us take the emotion out of your family court case and focus on protecting your legal rights and obtaining a successful outcome.

Call (718) 625-3977 or email robgershon@gmail.com.

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