Your Family Matters

Helping Your Family Establish Child Custody And Visitation Orders

Attorney Joseph H. Nivin Esq. is a child custody lawyer who knows how much family matters; that’s why he will do everything he can to help lessen the effect of custody and visitation hearings on your family. Hearings on custody and visitation are high stakes situations that can come with life-changing results. These hearings are sometimes the toughest parts of a divorce or separation.

Family law judges or referees in the State of New York focus on what is in the best interest of the child or children. An experienced custody and visitation attorney will help you understand what will happen during a hearing and the criteria a New York judge or referee will use to determine custodial and visitation arrangements.

Child Custody

Communication is key when negotiating custody and visitation. If the case proceeds to a hearing, then Joseph H. Nivin will litigate aggressively to protect you and your child or children. A judge will consider many factors when deciding a child custody case, including but not limited to the parents’ abilities to support the child’s emotional and intellectual development.

Custody agreements will vary on a case by case basis. The New York  judge will consider:

  • The parental guidance the custodial parent provides for the child
  • The ability of each parent to provide for the child’s emotional and intellectual development
  • The financial status and ability of each parent to provide for the child
  • The overall relative fitness of the parties and the length of time the de facto custody arrangement has been in effect
  • One parent’s use of “self-help” in removing the child from the other parent’s custody

A child custody lawyer may be able to help both parties come to an amicable agreement, but if a hearing before a judge becomes necessary, attorney Joseph H. Nivin Esq. will work diligently to help you achieve the most desirable outcome. He can also assist clients with modification of previous visitation and custody arrangements.

Visitation Rights

Decisions regarding child visitation rights can be the most important decisions that you will make during your divorce or separation. The courts strongly support and encourage the involvement of both parents, even where they determine that the child or children should primarily live with one parent. Child visitation law governs the rights of noncustodial parents to spend time with their children. These cases are handled by state courts during family law proceedings, which include divorces and Family Court custody proceedings.