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