New York City and New Jersey Family Law Attorney
New York City & New Jersey Child Custody & Child Support Attorney | Protecting Your Child’s Best Interests
A divorce or legal separation is a difficult time for everyone in the family. With differing schedules, incomes, parenting styles, and emotions running high, navigating child support, custody, and visitation can be stressful and complicated. The Law Office of Sharon K. Covino diligently works to find results that protect the best interests of your children and find a custody and visitation arrangement that works for all of the involved parties. A mother of two children herself, Sharon K. Covino is a supportive presence and a fierce advocate for her clients.
How does child custody and visitation work in New York?
Custody is the legal responsibility for a child’s care. Physical (or residential) custody is where the child lives. Legal custody is who has decision making power over things like education, religion, health care, and general welfare of the child.
You’ve probably heard the terms “sole custody” and “joint custody” before. Sole custody means that one parent has the authority to make decisions about the child - the non-custodial parent may have the right to receive certain information, like medical or education information, but they don’t make the decisions. Joint custody means that both parents (and at times, other caregivers) share the authority to make decisions about the child.
Visitation is when a court grants a non-custodial parent (the parent who does not have primary physical custody) or caregiver the right to spend time with the child. Grandparents and other non-biological caregivers can request visitation, too. A visitation agreement will stipulate a regular visitation schedule (for example, Tuesday evenings and every other weekend). It will also stipulate a schedule for holidays and summer/school vacations.
Who usually gets custody of the child in a divorce in New York?
Every relationship and parent is unique, so every divorce and custody agreement is unique. It’s a common misconception that the mother will get primary custody of the children and the father won’t. If you’re a dad and are wondering, “How can a father win custody in New York,” know that the courts look at your family’s unique circumstances and your child’s needs when granting custody, not at your gender.
The judge looks at many factors before deciding on final custody and visitation arrangements, but their goal is always the best interests of the child. It’s your attorney’s job to advocate for you in this decision-making process.
Most custody and visitation agreements go through a lot of skilled negotiations between the parties before reaching a final agreement, so they require an experienced attorney who will fiercely represent your best interests.
Who has to pay child support in New York?
Child support is going to be a part of your divorce and child custody and visitation, even if both parents are granted equal time with the children. Child support is mandated by New York State law, and the courts use a formula to calculate who pays it and how much they pay.
The rules and formulas surrounding child support can be complex, but it’s important to remember that child support is in the best interest of the child. When it comes time to figure out the child support in your custody case, we sit down with you to go over everything and explain it to you.
We can also help modify child support payments in the case of illness or loss of employment, or seek options for enforcement in the case of nonpayment.
The Law Office of Sharon K. Covino practices in Staten Island, Queens, New Jersey, and New York City, with a focus on Child Custody and Support Law, including:
Emergency Applications for Custody
Custody Petitions
Support Modification
Custody Modifications
Family Offense Petitions
“As a mother myself, I know how difficult child custody and support cases can be for my clients. Between child support, joint vs. sole custody, physical vs. legal custody, all the different factors a judge looks at when making a decision, not to mention the emotions involved, this can be a confusing and stressful time. At The Law Office of Sharon K. Covino, we’re dedicated to helping our clients understand their case and to fiercely defending the best interests of their children every step of the way.”
— Sharon K. Covino
What to Expect When You Hire an Attorney for Your Child Custody or Child Support Case
Your family law attorney should explain to you the standard for who is awarded custody in New York State. They should go through the factors a court looks at to determine where a child should be as well as the amount of child support the non-custodial parent can be expected to pay.
Every family and every case is different, which is why it’s important that you hire the right attorney that will dedicate not only their resources to your case, but the time to get to know you and your family’s needs in order to make the best argument for your children in court.
If you’re in need of a New York City or New Jersey Family Court Attorney, get in touch with The Law Office of Sharon K. Covino today.