Custody Lawyers in New York, NY

As custody lawyers in New York, we are family law attorneys who have experience in negotiating and drafting custody agreements and enforcing and modifying custody and support agreements or orders with the court.

Custody in New York

Custody is one of the more important issues for divorcing or separating couples because corollary to custody is child support. The parent with primary residential custody (the custodial parent) receives child support from the other parent. Primary residential custody refers to the parent who has the children majority of the time. In case the time is evenly split among the parents, the parent with the higher income is generally considered the non-custodial parent who is required to pay child support to the custodial parent.

Custody Arrangements

Custody lawyers specialize in negotiating and drafting custody agreements. Custody agreements are detailed agreements which include:

• a description of the physical custody agreement (a detailed parenting schedule on where the child will primarily reside and the time the other parent will have the child, including specifics on which parent will have the child on holidays, summers, and other vacation periods);

• details about legal custody (the extent of decision-making authority each parent will have on matters of the child);

• child’s legal residency for purposes of school enrollment;

• child support (the amount to be paid, the frequency of payments and additional expenses, together with a mechanism for adjustment based on changes in income or expenses);

• expectations of communication and cooperation in dealing with matters related to the child, including guidelines on resolving disputes or disagreements

• relocation provisions, in case one parent has to move or relocate to a farther place or out-of-state;

• travel and transportation when exchanging the child between households, including protocols for domestic and international travel;

• medical and healthcare decisions and provisions;

• education matters, relating to participation in extracurricular activities, access to academic records, and attendance in parent-teacher conferences;

• grandparent and relative visitation rights; and

• termination and modification.

When a couple is not able to amicably agree on the custody agreement through negotiation or mediation, the custody lawyer will have to submit the question to court, who will then make a custody determination based on the best interests of the child.

Child Support Agreements

Corollary to a custody agreement is the child support agreement. If the question of child support is submitted to the court, the court will compute child support based on guidelines provided under the New York Family Court Act §§ 413 and 413-a. This entails a determination of the child’s living expenses based on receipts, and income for the couple is determined using their latest income tax returns.

From the combined income, the court multiplies it by a percentage depending on the number of children shared: 17% for one child; 25% for two children; 29% for three children; 31% for four children; and 35% for five or more children. This percentage value will be the total amount of child support for the couple. The court then divides the amount based on the proportion of the individual income of the parent over the combined parental income.

For example, if X and Y have two children, and X has annual income of $50K, while Y has annual income of $30K, the combined income of $80K is multiplied by 25% (for two children). The resulting percentage value, which is $20K, is the total amount of annual child support for the two children of X and Y. If the children primarily reside with Y, then X’s proportional child support to be paid to Y is computed as ($50K/$80K) multiplied by $20K, resulting to $12.5K annually to be paid to Y.

Your custody lawyer will be able to compute the correct amount of child support for purposes of negotiating your custody agreement.

Enforcing Child Custody Agreements

Enforcing child custody agreements depend on whether the custody agreement was approved by the court and which provision in the agreement was violated.

If the custody agreement was approved by the court, it is considered a court order. You can file an enforcement petition with the court, attaching such court order. Minor violations of a child custody agreement, however, will only result to the court adjusting your parenting plan, awarding you additional days, holding the other parent in contempt of court, and having the other parent pay your legal fees.

If it is the child support provision that is being violated, the easiest way to enforce child support is by requesting assistance from the Office of Child Support Enforcement or your local Child Support Enforcement Unit in the state. They can locate the non-custodial parent, collect and distribute support payments, and assist in some legal services. A custody lawyer can also help you garnish the other parent’s wages and intercept tax refunds.

Modifying Child Custody Agreements

Negotiating with the other parent is the best way to modify a child custody agreement. If negotiation or mediation fails, your custody lawyer can file a petition with the court for modification.

The court will usually modify child custody agreements if the parent demonstrates a substantial change in the circumstances of the parent or child since the establishment of the custody agreement. These substantial changes may include:

• a significant change (usually 15% or more) in the parent’s income;
• a child more than 12 years requests the change;
• abuse, neglect, or abandonment;
• passage of 3 years from the time the order was issued;
• a parent has a substance abuse problem, has committed acts of domestic violence, or has developed a serious medical condition
• a parent has an unstable home environment, including frequent moves of the family home
• a parent has unpredictable working hours or frequently changes jobs.

Child custody agreements are a complex matter. Having your interests represented by an experienced custody lawyer can increase your chances of achieving your objectives on matters raised in a child custody agreement. Should you need assistance, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].