Brooklyn Child Custody Lawyers

Are You Facing a Family Law Battle? Contact Us Now!

Child custody is perhaps the most emotionally charged issue in any New York divorce. Since 1997, Coffinas & Lusthaus, P.C. has demonstrated that we are up to the task.

Whether we are asserting your parental rights in court hearings or appealing erroneous court decisions that negatively impact you and your children, Coffinas & Lusthaus, P.C. delivers innovative and effective representation. When you're in a fight to protect your children, you can rely on our tenacious Brooklyn family law attorneys, whose passionate advocacy has set precedent in family law.

Call (718) 717-1005 or contact Coffinas & Lusthaus, P.C. online today.

Understanding Child Custody Courts in New York

New York divides child custody into two parts:

• Legal custody: The right and responsibility to make decisions in the child's interest
• Physical custody: The rights and responsibilities related to having a child live in one's home

These custody categories can be sole (exclusive to one parent) or joint (shared by both parents). The court does not consider the gender of the parent in determining custody rights.

Factors Considered by New York Custody Courts

• Current parental primary caregiver responsibilities (ie, the status quo)
• Parenting skills (including each parent's ability to provide for the child's emotional and intellectual development)
• The mental and physical health of each parent (the relative fitness of each parent)
• Any allegations of domestic violence in the family
• The child's relationships with brothers, sisters and members of the rest of the family
• The child's preferences, depending on the age of the child
• Each parent's ability to cooperate with the other and maintain a relationship with the other parent (the effect an award of custody to one parent might have on the child's relationship with the other parent)
• Each parent's ability to provide for the child's special needs, if any

What to Expect When Custody is Contested

When custody is contested, the court often seeks assistance from a forensic evaluator who is often a psychiatrist, psychologist, or social worker chosen by the court.

They will evaluate the parties and the child, assess decision making and parenting plan options, relative parenting skills, allegation of parental alienation and sometimes make a "best interest" recommendation to the court. It is important for your attorney to have experience in reviewing and possibly challenging these evaluators in your custody dispute.

Modifying and Enforcing Child Custody Orders

Our Brooklyn family law attorneys fight to help our clients secure the most favorable custody order possible. This initial success is crucial; however, these court orders are rarely permanent.