“My ex decided that since there was no order of Custody he was going to take the child whenever he felt like it…” we hear this happen a LOT with our clients.
“In fact, in New York, many people constantly struggle over custody and visitation issues. Many people call my office. And, they are fearful that their ex is going to take their child,” says esteemed attorney Brian D. Perskin, “That is because a custody and visitation order are not in place. So, if you are married or experienced divorce in New York you can file an emergency order to show cause in New York State Supreme Court. However, if you never stepped into marriage you can file in Family Court.”
Understanding the Legal Landscape
In New York, custody disputes can arise irrespective of whether the parents were married. The lack of a custody order means there are no legally binding stipulations on who has the right to make decisions for the child or where the child should reside. This gray area can lead to situations where one parent might take the child without the other’s consent, leveraging the absence of a court order to their advantage.
The Importance of Establishing Legal Custody
Filing for Custody or Visitation
To mitigate these risks, the first and most crucial step is to file for custody or visitation rights. Filing in Court is a very powerful tool. Depending on the nature of the emergency, you will receive a return date in Court in a few days. Make preparations. Know all your facts. Try to gather evidence like School records, medical records, financial records, and emails between yourself and your ex.
For married individuals going through a divorce, this involves filing an emergency order to show cause in the New York State Supreme Court. Unmarried parents can initiate a similar process in Family Court. This filing serves as a formal request for the court to intervene and establish a custody arrangement that protects the child’s best interests.
Emergency Orders
In cases where there is an immediate concern for the child’s safety, New York courts can issue emergency orders. These orders are expedited and can temporarily resolve custody until a more detailed hearing takes place. The criteria for what constitutes an emergency can vary, but they generally include situations that pose a direct threat to the child’s well-being.
Preparing Your Case
Gathering Evidence
Solid preparation and evidence are key to a successful custody claim. Documentation such as school records, medical records, financial records, and any correspondence between the parents can support your position. These pieces of evidence can demonstrate stability, involvement in the child’s life, and any previous agreements made regarding the child’s upbringing.
The Role of Legal Representation
Navigating the complexities of family law and the custody process in New York is daunting without professional guidance. Hiring an attorney who specializes in custody and visitation issues is invaluable. A skilled lawyer can help streamline the process, advocate on your behalf, and ensure that your rights and your child’s welfare are at the forefront of any legal proceedings.
Practical Advice
While the legal process unfolds, it’s essential to maintain a level of civility and cooperation with the other parent, if possible. This is not always easy, but it’s beneficial for the child’s emotional well-being. Additionally, keep detailed records of interactions and custody exchanges during this period.
Hiring an Experienced Brooklyn Family Attorney
The absence of a formal custody order in New York can create a precarious situation for parents and children alike. Taking proactive legal steps to establish custody and visitation rights is crucial for safeguarding your child’s welfare. With the right preparation and legal assistance, parents can navigate these challenges effectively, ensuring that the child’s safety and best interests are protected in the face of uncertainty.
Most importantly, hire a lawyer who specializes in custody and visitation issues in New York.
Contact us at 877-826-7257 today to learn more.