Schenectady Child Custody Attorney

Your Child Custody Advocates!

Are you a parent who is going through a divorce in Schenectady? Do you need help with a child custody matter pertaining to a paternity action, a legal separation, or a child custody order that needs to be modified? Whatever your situation or objectives, our experienced divorce and family law attorneys can help.

Child custody is addressed in New York divorces, domestic violence actions, paternity actions, and legal separations. However, if one or both parents are seeking a change in an existing child custody order, a petition can be filed with the family court to modify (change) the child custody arrangement.

Best Interests of the Child Doctrine

When parents divorce in New York, they often reach a child custody agreement, which is later reviewed and approved by the judge. However, if the parents cannot agree on child custody, for example, if both parents are seeking to become their child’s primary custodial parent, the judge will have to decide for them.

In all child custody disputes, the judge must carefully examine the facts of the case and make a decision that is in the child’s best interests. This is called the “best interests of the child doctrine.” If both parents are loving and stable, the judge may lean toward a joint custody arrangement where the child spends a significant amount of time with each parent.

On the other hand, in the case of domestic violence, severe mental illness, child neglect or abandonment, the judge may award custody to the more stable parent. While non-custodial parents in New York are legally obligated to financially support their children until they turn 21, with limited exceptions, such as emancipation and joining the military, the New York courts can only issue orders for child custody until the child turns 18 years old.

Outstanding Representation in Your Child Custody Matter

In the field of family law, child custody is arguably one of the most sensitive subjects for parents. What happens in your child custody counts, and it can impact your relationship with your children for years to come, if not a lifetime. Make sure you choose the best legal representation for your child custody case.