New York Child Custody and Parenting Agreements Lawyers
Physical and Legal Custody • Visitation • Parent Relocations
Issues regarding children in divorce are complex and emotional, but should you risk it all by putting your future in the hands of a judge who doesn't know anything about your family, your background, your customs, your ethnicity and/or your heritage? Our philosophy is to keep these issues out of court whenever possible. With sensitive guidance by our experienced family law attorneys, you can reach a custody agreement tailored to your needs and the best interests of your child. When cooperation from your spouse or partner is not possible, we will never hesitate to take your case to Court.
Vasti & Vasti, P.C. is an established law firm in Pleasant Valley, New York. We represent parents in child custody proceedings and related matters in Dutchess County and throughout the Hudson Valley. Contact us today for a free initial consultation to put our 50 years of combined experience to work on your case.
Custody Determination and Parenting Agreements
In New York, and absent the agreement of both parents, one parent is typically awarded sole physical custody and the family residence, and the other parent will have visitation rights. To contest sole custody, you will have to satisfy the family court that it is in the best interests of the child to live with and be raised by you. We can assess whether there are compelling reasons why you would prevail, or whether to focus our efforts on maximizing your parenting time (visitation). Shared custody — half time with each parent — requires extraordinary cooperation and communication, and should not be entered into lightly. Where both spouses are working full-time, the parent with the greatest "availability" and access to children will usually provide the best plan for the future stability and upbringing of the children. Anticipating arguments such as these are critical to successful trial verdicts and/or persuasive settlement negotiations.
Where appropriate and with the mutual agreement of both parents, a court may award joint legal custody. This refers to decision-making about children's life-enhancing events, such as a child's health care, education, religion, sports, music, extra-curricular activities and upbringing. The parent with physical custody has the final say, but must notify the other parent about important matters and consider alternatives if there is disagreement.
Standard visitation involves alternate weekends, plus additional time during the week. Out of court, you are free to work out the terms that best suit your schedules and your family. To avoid future squabbles, we strive to work out flexible parenting plans that address all pertinent issues without micromanaging them.
Other Custody Matters
- Custody modification — We can represent your interests if you are seeking sole custody (or restrictions on visitation) based on drug or alcohol abuse, child abuse or other evidence that your ex is an unfit parent or endangering the child.
- Parent relocation — The custodial parent will typically be allowed to move within a 40-mile radius, (one-hour's travel time). Moving to another county or out of state with the children requires a higher burden of proof, and that such move is in the child's best interests. We represent either party in move-away relocation hearings.
- Contempt of court — Interference with parental rights is taken seriously by the court. Routinely returning the child late, scheduling events that infringe on the non-custodial parent's time, or flatly refusing access can be punished by changes to physical custody or even jail.
- Paternity — We can aid fathers who want to prove parentage through DNA testing and obtain formal visitation rights.
Child custody issues do not have to turn into a bitter court battle, but you should have experienced counsel to protect your rights and your children's best interests. Call us at 845-224-3559 for a free, one-hour consultation.
Vasti & Vasti, P.C.
Serious Lawyers, Serious Representation
