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New York Child Custody Attorneys

Are You Seeking Visitation, Sole or Joint Custody in NY?

Divorce can become more complicated when children are involved. Typically, both parents involved want what's best for the children. While it may be somewhat easy to decide who gets certain property, determining who a child should live with and what is in his or her best interests is much more difficult and complicated.

When your children's future on the line, you need to be confident that you are going above and beyond to ensure that the best possible resolution is reached.

By working with a New York child custody lawyer from the Law Office of David W. Teeter, you can breathe easier knowing you will have a seasoned, experienced, and aggressive advocate on your side. For decades, hundreds of families throughout New York have found help and resolve.

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Child Custody

> Adoption

> Child Relocation

> Custody Problems

> Grandparents' Rights

> Mothers Rights

> Joint Custody

> Legal vs Physical Custody

> Parental Alienation

> Legal Separation

> Sole Custody

> The Hague Convention

> Visitation

> Same Sex Divorce

> What is a Law Guardian

Do you need help regarding child custody in NY? Get in touch with a NY custody attorney at the Law Office of David W. Teeter to learn more about your rights and legal options.

What Are the Different Types of Child Custody?

In order to better suit the unique needs of each family and child, there are a variety of custody arrangements. In New York, there are two types of custody: "Physical Custody" and "Legal Custody." Physical custody refers to which parent the child lives with, and legal custody refers to which parent has the legal authority and duty to make important decision's regarding the child's life. For each of these categories, one parent might be granted "sole custody" or both parents might be granted "joint custody."

Sole Physical Custody: When a child only lives with one parent. The non-custodial parent is usually granted visitation rights.

Joint Physical Custody: When the child lives with both parents at different times

Sole Legal Custody: When only one parent has the ultimate authority to make decisions about the child's education, religion, healthcare, extracurricular activities, etc.

Joint Legal Custody: When both parents must work together to make important decisions about their child's life

How Do I Get Visitation Rights?

For fathers going through the divorce process, you may be concerned as to whether your rights will be protected and how the child custody case will result. If you are a mother filing for divorce, you may have concerns regarding the custody of your children and Spousal support payments you may be entitled to if granted custody by a family court. In either case, you will need an attorney who is well-versed in child custody law on your side to deal with these matters.

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There are several types of visitation that may be awarded to the parent who was not granted primary custody of their children.

Additionally, the grandparents of a child on both the maternal and paternal side may request visitation schedules during the divorce process as well.

While many divorces run smoothly after the child custody and visitation schedules have been agreed upon by both parties or appointed by a family court, there are certain situations that can result in a dispute of the visitation schedule. At a time such as this, it is suggested that you have an attorney present.

The Best Interests of

the Child

The court shall determine solely what is for the best interest of the child, and what will best promote the childs happiness and welfare and look to award custody.

In a custody proceeding regarding a dispute between divorced parents, the court's first priority is and must be the welfare of the children. The rights of their parents must, in the case of conflict, yield to that superior demand.

This statutory standard, as applied by the courts, is known as the best interest of the child standard. When the courts become involved in a determination of your family’s post-divorce dynamic, the court is going to make such a determination using the best interest of the child standard.

Issues to Consider in a Child Custody Case

If you and your spouse wish to carry out an uncontested divorce, you will both need to agree on how your child custody arrangements will work. If you do not agree, the divorce becomes "contested" and the custody matter will be taken to court. Leaving the decision up to a judge can be risky, as you might not receive the custody rights you are entitled to.

If you need help understanding the best course of action regarding child custody in your particular situation, we encourage you to speak with a New York child custody attorney at the law office of

David W. Teeter as soon as possible. Call 516.229.2235

We Protect The Rights Of Your Children

Here at the Law Office of David W. Teeter, our legal team has provided families throughout New York State with the effective legal representation that they need during any matter related to child custody, child support, visitation or divorce.

We are able to provide the highest standard of representation due to our extensive experience in representing over hundreds of child custody cases over the last few decades. Protect your children, we'll help you!

Other Considerations

Can Include

Visitation

Mothers' Rights

Fathers' Rights

Grand Parents' Rights

Relocating

Adoption

Child Custody FAQs

What factors are taken into consideration in a custody battle?

In deciding custody and visitation, a judge will consider what is in the best interests of the child.

Most commonly, the court will look at the following factors when deciding custody:

Who has been the primary caretaker of the child
The child's current living situation, and how long it has been so
The child's preference (depending on his or her age)
Whether the child would be separated from siblings
Whether either parent is actively trying to cut the other parent out of the child's life
Whether either parent has been abusive in any way or if domestic violence has been involved
The age of children and parents
The sex of children and parents
The health of both the children and the parents
The lifestyle of both parents
The emotional bond between parents and child
Each parent's ability and desire to provide a healthy and stable environment
Each parent's ability to provide emotional and intellectual support to the child
Do courts usually award custody to just one parent? It used to be common to award sole custody, typically to the mother, but now it is much more common for courts to award joint custody so that both parents can share the parental responsibility and decision-making power.

What happens if I need to move with my kids? While most courts are accepting of relocation, it needs approval and if the noncustodial parent contests it, there will be issues that should be handled by a legal professional.

Will there be drug tests when determining custody? Drug tests are not administered every time, but it is likely that the courts will require both parents to participate in a drug test. By failing to take the drug test, it could result in serious repercussions such as a suspension of visitation rights.

If you have more questions or would like to discuss your case with a knowledgeable New York child custody attorney, you should not hesitate to contact the law office of David W. Teeter.

See What Our Clients Are Saying...

Jennifer B, Garden City, NY

Mr. Teeter has been my attorney for the past 3 years and I could not have managed without him. He fought and ultimately won my child custody case for which I will be forever grateful. Mr. Teeter always responds promptly to all of my questions/requests...no matter how big or small. I was extremely lucky to find wise counsel as well as someone to keep me grounded during some of the hardest times of my life. Thank you so much!

- Jennifer Baik

Real Client, Garden City, NY

I went through a difficult and challenging divorce. David was very helpful from the first meeting and walked me through this stressful time. David managed to settle my case in a way that I never believed would be possible. I share joint custody with my son's mother and I couldn't be happier and more grateful for this result!

- Shlomi Cohen

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Call our office at (516) 229-2235 or fill out the form for a call back. Our lawyers are ready to discuss your case in full detail and confidence

Divorce Mediation

March 12, 2019

Many people have heard that using a mediator to help in a divorce is a less expensive alternative to litigation, but they are not sure what mediation is or how it works. While mediation may not be right for every divorce, when it does work, the parties will likely feel more empowered, more satisfied with the outcome, and more committed to following through with the settlement in the future. The job of a mediator in a divorce is to help the parties identify what is most important so that they can find solutions that work for both of them—a win-win scenario. In a divorce, emotions run high. People feel anger, recrimination, and fear. These emotions are real, and they are important, but they don’t help lead to a solution. Only by identifying the source of the emotions can solutions be reached. In a mediation, one parent may threaten to take the children away, never to let the other see them again. If a threat like this were aired in court, it could lead to months of litigation and cost tens of thousands of dollars. In mediation, we seek the source of that anger. Is the mother making the threat because she is afraid that she won’t have enough money to support herself? Good. How do we divide the available funds so that she is able to support herself? Is the father making the threat because he is afraid that he won’t have enough time with the children to maintain a meaningful relationship? Good. How do we structure the time so that both parents have meaningful time with the children? During the mediation process, the mediator rarely if ever suggests a solution. Instead, the mediator draws the parties out, asking them to identify their underlying needs. In a successful mediation, the parties will suggest solutions that work best for them. They will collaborate to reach a resolution that is finely tailored to their needs. This can be especially important for observant families. Most often, a judge who has been randomly assigned to handle a divorce will not fully appreciate the needs of observant litigants. By mediating the issues, the parties themselves can fashion an agreement that is sensitive to such matters as apportioning time on the chagim, paying for yeshiva tuition, deciding on an appropriate yeshiva in Israel following high school, when the get will be given, which beit midrash will be used, and many more. Once the mediation reaches a successful conclusion, the parties will need to have an agreement written for them. For this reason, it pays to use an attorney well versed in divorce law as a mediator. The agreement, usually called a stipulation of settlement, must meet stringent requirements in order to pass muster with the court. If it does not, the court will not issue a judgment of divorce. Mediation is not right for every case. If there is domestic violence in the marriage, mediation will not succeed, because of the obvious power imbalance between the parties. Also, where one party has an addiction or substance-abuse problem, mediation is not appropriate unless the person with the problem has admitted it and is fully committed to treatment. If there are hidden assets or income, mediation is unlikely to help, since there is no mechanism to compel a party to disclose such information. Divorce is a difficult, anxiety-filled time. The sooner the issues in the divorce (custody of the children, parenting time, child support, etc.) can be resolved, the better. Mediation, when done correctly, can be a powerful tool to help parties resolve these issues in a timely and cost-effective manner. David Teeter has practiced law for over 20 years and has children at Rambam Mesivta and Yeshiva Har Torah.

Kosher Divorce?

March 11, 2019

What does this mean, kosher divorce? Divorce is one of the most stress-filled times in a person’s life. However, even during a divorce, the parties have an obligation to act in an ethical manner, to treat each other with respect, and to make a kiddush Hashem. Problems in a divorce usually arise when the parties act out of anger. The husband moves out of the house and stops paying the bills because he is angry at his wife. The wife cannot pay the bills and is forced to run to court for an emergency order of financial support. Or the wife is angry at the husband, and refuses to let him see the children. The husband is bereft without the children, and now he has to run to court for an emergency order of parenting time (visitation). When these clients come to an attorney for help, they want a solution as soon as possible, and justifiably so. The current situation cannot continue for another day. The attorney then prepares papers for court, characterizing the other spouse in the worst possible light. Their motion papers are served on that spouse, who is only further upset and often enraged at the characterization of him or her in this official court document. And the cycle continues. This is the opposite of a kosher divorce. In a kosher divorce, both the husband and the wife make decisions based solely on the best interests of the entire family, putting aside their individual interests. This is easier said than done, because you must do so even when you know that the other one is not doing the same. Thus, even if the husband stops paying the bills, the wife must not stop him from seeing the children. And even if the wife does not let the husband see the kids, he must still continue to pay the bills. Why not punish your spouse when you know that he or she has done something to harm you? Because people see what you are doing. The judge will see it and will assign equal blame to you as to your spouse. Your children will see it and will be hurt to see their parents act poorly toward each other. The community may hear of it, and may feel forced to take sides. But equally important, it is a chillul Hashem. None of this is meant to suggest that one must be a pushover. Each spouse should zealously advocate for himself or herself. Neither should leave the negotiating table or the courtroom feeling that he or she did not make the best case possible. It simply must be done ethically, honorably, and without anger or a desire for recrimination. It is unfortunate when two people who had the best intentions could not make their marriage succeed. A divorce is the sad recognition of that fact. It is also an opportunity to do right by your spouse, your children, your community, and yourself. David Teeter is an attorney practicing in Garden City, New York. He can be reached at David@DWTFamilyLaw.com.

Who Can File For Divorce in NY?

Either the husband or the wife can file for divorce. Grounds for divorce are no longer necessary to obtain a divorce in New York. Either party can allege that there has been an irretrievable breakdown in the marriage. A divorce may be filed in New York as long as the parties have been living in New York for at least one year.
How Does an Uncontested Divorce Work?

An uncontested divorce just means that all of the issues (financial, child custody, child support, division of property) have been decided and all that needs to be done is file the appropriate paperwork to obtain a judgment of divorce. In most cases, before filing the uncontested papers, you should also have a legally binding Stipulation of Settlement drafted and signed.
How is child support decided in New York?

Child support is generally determined by a formula set forth in the law, called the Child Support Standards Act. The formula requires the non-custodial spouse (the parent who does not have residential custody of the children) to pay a percentage of his/her income (less FICA withholdings) to the custodial spouse. The percentage varies depending on the number of children: one child 17%, two children 25%, three children 29%. If the parties' combined income exceeds a certain threshold, child support may or may not be awarded on the income above the threshold. Also, the parties can voluntarily agree to an amount of child support different from that calculated by the formula.
What is permanent spousal support or alimony?

There is a legally mandated formula for calculating spousal support (alimony). Generally speaking, the formula works such that the greater the difference between the parties’ income, the greater the amount of support that will be mandated. The formula is gender neutral, so if the wife earns more than the husband, she may, in fact, be ordered to pay support to the husband. There are fifteen (15) discretionary factors, however, which allow the judge to deviate, awarding an amount different than the formula would otherwise require.
How is property divided in a New York Divorce?

New York is an “equitable distribution” state, meaning the judge has the discretion to divide the parties’ property fairly, not necessarily equally. Most marital property, however, is divided equally in most situations. The main exceptions are separate property that was either owned prior to the marriage or inherited during the marriage, and small businesses, whether started before or during the marriage.
What am I entitled to in a divorce in NY?

You are entitled to a fair (not necessarily equal) division of the marital property; reasonable time with the children, whether as the custodial parent or non-custodial parent; child support for the custodial parent; and spousal maintenance for the lower earning spouse. The most important point, however, is that there is more than one way to decide a case, so having the right representation is crucial.
What does a prenuptial agreement cover?

A prenuptial agreement can cover more or less ground, depending on your needs. The simplest prenuptial agreement just addresses one issue, such as keeping a premarital business separate in the event of a divorce. But the prenuptial can cover how the bills will get paid, whether or not separate accounts will be kept, or what to do if the parties purchase real estate or make investments.
What happens if you don't pay child support in New York?

Child support can be enforced several different ways. The payor's salary can be garnished to pay support as well as accumulated arrears (back-due support). A court can enter a money judgment which can be enforced against a bank account or other assets in the payor's name. A court can suspend the payor's driver's license or other professional license or certification. Finally, under certain circumstances, a court can find the payor in contempt and sentence the payor to jail unless he pays a certain amount by a set date.

CHILD CUSTODY