Child custody and visitation is the most litigious area of divorce. According to the law in New York, the best interests of the child should be used in deciding child custody. But very often, the parents don?t agree on who should have custody to meet the child?s best interests. If the custody issue can?t be resolved between the parents, it will be decided in the supreme court of New York. Every county in New York has a supreme court for handling issues such as child custody.

If both parties are willing, I can help parents arrange shared custody or joint custody. However, this option is only available to parents who do not oppose each other in court. In New York, a judge cannot order joint custody over the objection of either party under the theory that a court cannot force warring parties to work together. So if the parties litigate child custody in court, they will either win or lose custody. As a result, the stakes are high in custody actions. Losing a custody action, however, does not mean that a parent will be unable to negotiate visitation rights.

If parties don?t agree on who should be the primary custodial parent, I try to negotiate a resolution. If negotiation is not possible, we will have the matter resolved by a judge. Very often in these cases, we will have the assistance of a law guardian, which is an independent attorney who represents the children. Since the two parents are opposing each other, it is assumed by the court that the parents are looking out for themselves and therefore the children need to have their own lawyer. I often serve as a law guardian for children in cases where I am not representing either of the two parents.

I give clients ideas and tips about how a parent can document his or her relationship with a child in preparation for a court proceeding. I also work with forensic psychologists and social workers that meet with the parties, the children, and sometimes even third parties such as stepparents and grandparents to formulate recommendations for the court on issues of custody and visitation.

To be successful in a child custody action, an attorney needs a good understanding both of the law and also of the judges who decide these cases. Custody cases are decided by details and specifics. The court wants to hear a lot of specifics. Therefore, I spend a lot of time with the client learning the nature, quality and quantity of the relationship between each parent and the child so I can present to the court an accurate picture of why it is in the best interests of the child to be with my client. To do that I will review such items as report cards. I can also subpoena school personnel, medial records, neighbors, and family friends. I am a vigorous advocate in putting together the components of a case that are necessary to convince a judge that the child?s best interests is with my client.