How Courts Determine the Best Interests of the Child

When deciding child custody cases, New York courts always prioritize the best interests of the child. Judges consider several factors to ensure the child’s well-being, including:

• Parent-child relationship – Which parent has been the primary caregiver?
• Stability – Courts prefer to maintain a stable environment for the child.
• Parental fitness – A history of substance abuse, neglect, or domestic violence can negatively impact custody decisions.
• Child’s preferences – If the child is old enough, the judge may consider their wishes.
• Ability to co-parent – Courts favor parents who can communicate and cooperate.

Sometimes, child psychologists or social workers are involved to assess the child's needs and recommend custody arrangements. Their evaluations help judges make informed decisions.

Modifying a Custody Order in New York

A custody order is not set in stone. Parents can request a modification, but they must prove a substantial change in circumstances. Some examples include:

• A parent's relocation – Moving far away can affect visitation.
• Changes in the child’s needs – New educational or medical needs may require adjustments.
• A parent’s inability to provide a stable home – Job loss, substance abuse, or criminal activity may lead to a modification.

To request a change, the parent must:

1. File a petition with the court.
2. Provide evidence of the significant change.
3. Attend a hearing, where a judge will decide if the modification is in the child’s best interest.

Enforcing Child Custody Orders

If a parent violates a custody order, legal steps can be taken to enforce it. Common violations include:

• Refusing visitation – One parent denies the other their scheduled time.
• Failing to return the child – A parent does not bring the child back on time.
• Interfering with decision-making – A parent makes major decisions without consulting the other.

To enforce a custody order, the affected parent can:

1. Document violations – Keep records of missed visitations or ignored agreements.
2. File a motion in court to enforce the order.
3. Request legal penalties – Judges can impose fines, modify custody, or hold the violating parent in contempt.

Courts take custody violations seriously, as they can harm the child’s well-being and disrupt stability.

Choose a Dedicated Bronx Child Custody Lawyer for Your Case

Your children are worth fighting for. Attorney Jayson Lutzky and his dedicated staff understand that. We put our full efforts behind diligent research and preparation, and then combining it with vigorous advocacy on behalf of our clients. 

Secure the Best Future for Your Child – Contact Us Now!
Your child’s well-being is our priority. Let us help you create a strong custody plan. Call (718) 550-2881 or contact us to get started today!

Local Insights on Child Custody in the Bronx

Understanding child custody in the Bronx involves more than just legal definitions; it requires a deep awareness of the community and its unique challenges. Local resources, such as the Bronx Family Court and the New York City Administration for Children's Services, provide essential support for families navigating custody issues. These entities are dedicated to ensuring the welfare of children and can offer guidance on available services.

In the Bronx, many families face specific pain points when it comes to child custody. Issues such as housing instability, varying work schedules, and the need for reliable childcare can complicate custody arrangements. Our team is familiar with these local challenges and is committed to helping you find solutions that work for your family. We understand that every situation is unique, and we take the time to listen to your concerns and tailor our approach accordingly.

By working with a knowledgeable Bronx child custody lawyer, you can navigate the complexities of custody arrangements with confidence. We are here to help you understand your rights, advocate for your needs, and ultimately create a custody plan that fosters a nurturing environment for your children.

Sole Custody vs. Joint Custody in NY

Both legal and physical custody can be resolved in 1 of 2 ways. The first is sole custody, where parent has exclusive—or at least primary—control. The other is joint custody, which is shared between the parents. 

New York law starts off with an important presumption. The law presumes that the best interests of the child are best served by having both parents equally involved in the child’s life—which means joint custody. 

That’s presumption is only the starting point .There are certainly good reasons where sole custody can be appropriate, and the overriding factor will always be the best interests of the child. 

A child may be better off living primarily with the parent who will be keeping the family home, in the interests of stability. A child will certainly be better off not being extensively exposed to a parent who has serious addiction problems. A parent who is irresponsible may not be fit to exercise the decision-making power of legal custody. 

In all cases, the attorney for the parent seeking sole custody has the burden of proof in court. Judges do have the option of authorizing sole custody in one area, but joint in another. A common example would be sole physical custody, but joint legal custody. 

Creating a Custody Agreement that Works for Your Family

At Jayson Lutzky, we believe in finding custody solutions that prioritize the well-being and best interests of your children. Our experienced Bronx child custody lawyers are skilled in negotiating and drafting comprehensive custody agreements that address the unique needs and circumstances of each family.

When creating a custody agreement, we consider factors such as:

• The child's age and developmental needs
• The child's relationship with each parent
• The parents' ability to cooperate and communicate effectively
• The parents' work schedules and availability
• The child's educational and extracurricular activities

Our goal is to help you establish a custody arrangement that promotes stability, consistency, and positive parent-child relationships. We will guide you through the legal process, explain your rights and options, and advocate for your interests in court if necessary.

Benefits of a well-crafted custody agreement include:

• Clear guidelines for parenting time and decision-making responsibilities
• Reduced conflict and potential for future disputes
• Flexibility to accommodate changes in circumstances
• Promotion of a healthy co-parenting relationship
• A sense of security and routine for your children

Keep a Proven, Tough, and Experienced Bronx Child Custody Lawyer on Your Side

Your children are worth fighting for. Attorney Jayson Lutzky and his dedicated staff understand that. We put our full efforts behind diligent research and preparation, and then combining it with vigorous advocacy on behalf of our clients. 

Call today at (718) 550-2881 or contact us online to set up a free consultation with our experienced Bronx child custody attorney.

Helpful Resources

• LawHelpNY page on child custody and visitation