Property Disputes and Personal Injury
02. Custody & Parenting Time
Custody Between Parents
Both parents have equal standing under the laws of New York State. Both parents also have a constitutional right to parent his or her children. While courts in New York once operated under the presumption that children always belonged with their mothers if they were under a certain age that is no longer the law here. Preference as to custody cannot be given by our Court’s based solely upon the gender of the parent. All children deserve the care and love of a mother and a father in their lives.
*If you are a father who seeks primary custody of your own children, you should not be deterred by gender stereotypes, or by a presumption that their mother has more rights than you do. If you are involved in a custody proceeding for your child and you want an experienced Family Law attorney who has focused on your rights as a Father to help you fight for your relationship with your child please contact Lockhart Law Office today.
Every custody/parenting case is unique and the Court must treat it like it is. The Courts look at a number of factors to determine whether it is in a child’s best interests to have shared parenting with both parents or whether one parent should receive custody and the other parent should have a schedule of parenting time with the child.
Grandparents/ Non-Parents Seeking Custody/ Visitation
Every custody/parenting case is unique and the Court must treat it like it is. The Courts look at a number of factors to determine whether it is in a child’s best interest to have shared parenting with both parents or whether one parent should receive custody and the other parent should have a schedule of parenting time with the child.
A showing of extraordinary circumstances must be demonstrated such as: abandonment of the child by a parent; abuse/neglect or other unfitness of a parent; the death of a parent; a parent withholding a child from a grandparent, parent substitute or sibling when a relationship has already been established with that child.
Once extraordinary circumstances have been established the grandparent, parent substitute or sibling must demonstrate why it is in the child's best interest to reside with them or alternatively have visitation with them.
Should you need help with this difficult process contact Lockhart Law Office, P.C. for a consultation as we are experienced handling these cases.
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