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Zacarese & Zalewski P.C.
Custody Cases
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In New York, child custody is governed by the Family Court Act (FCA), primarily Article 6. Every custody decision rests on the "best interests of the child" standard. Attorney Steve Zalewski provides comprehensive legal counsel on all custody matters, including legal and physical custody definitions, modification of existing orders due to a significant change in circumstances, and the crucial role of the Attorney for the Child (AFC). We help clients establish, modify, and enforce fair custody arrangements.
Child Custody in New York: Family Court Act and Key Principles
In New York, the legal framework for child custody is primarily governed by the Family Court Act (FCA), specifically Article 6, which addresses permanent termination of parental rights, adoption, guardianship, and custody. The underlying principle in all custody decisions is the "best interests of the child" standard. This means the court's priority is the child's well-being and safety, above all other considerations.
The Family Court has jurisdiction to determine custody and visitation for minors, whether initiated in the Family Court itself or referred from the Supreme Court. Note: Only the Supreme Court can grant a divorce; the Family Court handles matters involving children and families.
Understanding the Best Interests of the Child Standard
The court's authority to make custody and visitation orders is guided by FCA § 652 and legal precedent. When determining the child's best interests, the court evaluates a range of factors. These include the child's age, health, and developmental needs, the mental and physical health of both parents (including any history of substance abuse or domestic violence), and the stability and quality of the home environment each parent can provide.
Furthermore, the court considers the child's wishes (depending on their age and maturity), their relationship with each parent, and the ability of each parent to cooperate with the other and foster that relationship.
Types of Custody in New York
It is essential to understand the different forms of custody the court may award:
- Legal Custody: Refers to the right to make important decisions about a child's upbringing, such as their health, education, and general welfare.
- Physical Custody (Residential Custody): Determines where the child lives and who is responsible for their daily care and supervision.
- Sole Custody: One parent has both legal and physical custody.
- Joint Custody: Parents share legal and/o physical custody. New York courts recognize the value of both parents being actively involved and may consider 50/50 custody arrangements if it's in the child's best interests.
The Role of the Attorney for the Child (AFC)
The FCA emphasizes the importance of legal representation for minors involved in custody proceedings, known as the Attorney for the Child (AFC). Governed by FCA § 249, the AFC advocates for the child's wishes and interests. The AFC is bound by the same ethical obligations as all lawyers. If the child is capable of sound judgment, the AFC is guided by their wishes; however, if following the child's wishes could lead to a substantial risk of serious harm, the AFC may advocate a contrary position while informing the court of the child's articulated wishes.
Modification and Enforcement of Orders
Existing custody and visitation orders are not set in stone. They can be modified if there's a substantial change in circumstances that warrants a change in the original order, as children grow or parents' situations evolve. If a party fails to comply with a court-ordered arrangement, the other party can file a petition for a violation of the order, and the court has the authority to enforce its orders through legal means, including contempt proceedings.
Working with Attorney Steve Zalewski
Attorney Steve Zalewski provides the focused legal advocacy necessary to navigate these complex issues under the New York Family Court Act. We are committed to achieving outcomes that serve your child's best interests while protecting your parental rights.
Call Today
Cell: (516) 660-4654
Office: (516) 377-7830
Email: steve@zandzfamilylawyers.com
Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749
Disclaimer: This information is for general knowledge and should not be considered legal advice. It is crucial to consult with a qualified family law attorney for guidance specific to your case.
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