A Custody Attorney is a lawyer that specializes in the legal representation of parents involved in a custody dispute. A lawyer can help the client with various issues such as deciding the type of custody arrangement that is best for the child, and the specifics of the parenting time (visitation) schedule. The attorney can also assist with modifying an existing custody agreement based upon changing circumstances.
Child custody cases are often complex. In order to have the best chance of obtaining the custody arrangement you want, you should hire an experienced attorney to represent you. In many instances, children’s attorneys are able to negotiate an out-of-court custody settlement that meets the needs of both parties. This can save the parties a lot of time and money and reduce emotional stress.
In contested custody matters, the Court may appoint an attorney for the child (AFC). An AFC is a licensed attorney in New York who will meet with your children and report their desires to the Court regarding custody. The AFC is supposed to be neutral and not biased toward one parent or the other, but AFC’s are human and can be influenced by biases known and unknown.
A custody case can become very complicated and expensive. The more contested the custody matter is, the more hours your attorney will spend filing paperwork, conducting investigations, prepping for court and arguing on your behalf in court. If a child is believed to be in danger, the AFC may be called in to conduct an investigation. This can be a lengthy and costly process that requires detailed reports to the court.
During a custody hearing, the judge will listen to both parties and make a decision based on what they believe is in the best interests of the child. In some cases, the judge will award sole custody to one parent based on their ability to provide a safe and loving home for the child. In most cases, the judge will award both parents joint custody. Joint custody means the child will live with both parents for an equal amount of time.
After a court orders custody and visitation schedules, it is important that these be followed. If the parent fails to follow the schedule, then the other party can file a motion with the court for a violation of the court’s orders. A skilled and experienced Custody Attorney can assist with a modification of the original order or stipulation, which will help keep both parties in compliance with the law.