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Understanding Your Legal Rights with Staten Island Child Visitation Lawyers

One of the most challenging elements of many marriage dissolution cases is child custody, visitation, and support. New York as has established a standard for addressing child custody issues in divorce and paternity cases. New York Family Courts are to utilize a standard that examines what is in the best interests of a child in custody proceedings of all types.

The best interest of the child standard necessitates a close examination of specific facts in a particular case. For example, when ascertaining what is in the best interests of a child, the court examines the living situations of the parents. The court looks at which parent traditionally provided primary care for the child. The court also considers the physical, mental, and emotional health of the parents and the child.

As noted, the best interests of a child standard is applied in any type of custody proceeding in New York. This includes proceedings associated with establishing a custody order, enforcing a custody order, and altering or amending a custody order

Legal and Physical or Residential Custody

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Custody under New York law comes in two forms. First, legal custody is the right or ability of a parent to make material life decisions on behalf of a minor child. These include decisions associated with matters like religion, healthcare, and education.

Physical or residential custody represents the right or ability of a parent to provide a residence for a minor child. The parent not designated as the primary residential custodian of a minor child is entitled to visitation or parenting time. Visitation of parenting time should be on a regular and reasonable basis.

Temporary Custody and Visitation Order

The first step in the child custody process is the establishment of legal and physical custody during the pendency of divorce proceedings. At the commencement of a divorce case, a number of motions for temporary orders are filed with the court. They can be filed by both parties to a divorce case. A key order is one establishing custody and parenting time or visitation during the course of divorce proceedings. Visitation rights are included in the temporary custody order

A temporary custody order remains in force until the final divorce decree is issued by the court. Oftentimes, the arrangement set forth in a temporary order carries forth into the final custody order included in a divorce decree.

Final Custody and Visitation Order

At the conclusion of a divorce proceeding, or paternity case, a final custody order is issued by the court. The content of a final custody order can be the result of negotiation between the parties and a settlement agreement. It can also be the result of a hearing before the court and the judge making decisions pertaining to the custody and visitation in a divorce case. No matter the route the development of a custody order takes, the determination must be in compliance with the previously discussed standard of what is in the best interests of a child. Again, visitation is part of the order.

Enforce Visitation

If a parent fails to comply with a visitation order handed down by the court, a parent has the ability to seek judicial enforcement of a visitation order. This is accomplished by filing a motion with the court.

Typically, the court will hold a hearing on the accusations contained in the motion. The court will issue an order enforcing the existing custody arrangement. In addition, the court has the ability to sanction a parent for violating a visitation order.

Retain Legal Representation in a Visitation Matter

If you face a visitation issue, you need to be proactive in retaining the professional assistance of an experienced Staten Island child visitation lawyer. Counsel will schedule an initial consultation at no charge to you in most situations.

Schedule Your Consultation Now