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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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Understanding Your Legal Rights with Staten Island Child Visitation Lawyers

By Spodek Law Group | April 6, 2023
(Last Updated On: July 28, 2023)

Last Updated on: 28th July 2023, 07:15 pm

Child Custody, Visitation and Support: The Best Interest of The Child Standard in New York

Child custody is one of the most challenging aspects of a divorce or paternity case. In all types of custody proceedings in New York, the court applies the best interest of the child standard. This standard evaluates specific facts in a case to ensure that everything is done with a child’s interests in mind.

The best interest standard takes into account several factors including each parent’s living situation, who provided primary care for the child, both physical and mental health conditions of parties involved, and emotional stability during proceedings. It is applied during the establishment, enforcement or modifications of custody orders.

Legal custody involves making crucial life decisions on behalf of a minor – this includes education, healthcare and religion. Physical or residential custody offers parents with opportunities to provide housing for their children while non-primary residential custodians have parenting time rights which should be reasonable and regular.

Temporary child custody is established at the start of a divorce proceeding when emergency motions are filed by either parties seeking different temporary orders while final child visitation orders come after both parties have agreed on such best interests agreement through settlement arrangements following mediation or hearing before judges who make critical findings concerning what is good for the children based on evidence presented before them during trial periods.

If parents fail to comply with visiation order handed down by courts as per agreements made regarding earlier settlements/agreements, it becomes possible for them to seek judicial enforcement upon filing motions with relevant bodies associated thereof however further steps may warrant involving experienced professionals within Staten Island legal practice who will thus offer guidance throughout such processes coupled up with any other legal support solicited from these lawyers.

It is advisable to always retain services offered by an experienced and qualified child visitation lawyer when faced with visitation issues as he/she has ample experience handling such disputes while giving advice applicable given circumstances whereby even if legal charges arise out thereof then meeting initial consultation charges is not a problem.

The table below summarizes the main points discussed in this article:

| Topic | Main Points |
| Child Custody, Visitation and Support | The best interest of the child standard is applied in New York legal custody. There are two forms including legal and physical or residential custodies. The court applies what’s good for the children from three basic factors such as living situation, parents’ primary care obligation, mental and emotional health status of all involved, among others. |
| Legal and Physical or Residential Custody | Legal custody allows parent(s) to make crucial decisions about their wards while residential entails who has right to offer housing facility for the minor whilst visitation is open-ended subject determined by settlement between parties concerned with giving access rights almost similar amongst both parents. |
| Temporary Custody and Visitation Order | In emergency cases such as divorce proceedings, temporary child custody is established through filing of motions brought before courts setting terms regarding where children will stay (on short notice) prior to obtaining a final verdict whilst also making arrangement plans around visitation rights during such periods as well |
| Final Custody and Visitation Order | Parties trying to agree on final orders can do so through negotiations within private-based mediation programs otherwise referred as judges entering agreement after hearing/trial presided over until they issue formal rulings; thus ensuring compliance with previously explained standards designed towards ensuring welfare of wards involved under supervision-related laws |
| Enforce Visitation | The judiciary has powers allowing it enforce/compel parents adhere requirements relative visitations details that were granted earlier court orders while giving room even sanctioning them violating said provisions- Calls for seeking professional assistance when such issues arise|

If you have concerns regarding matters relating to child custody issues during litigation especially concerning visitation rights or any other relevant matters thereof then one should consider consulting with a child custody and visitation attorney in Staten Island, who will help assess the situation promptly.

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