Saratoga Child Custody Attorneys

Saratoga Child Custody Attorneys

Serving clients in Saratoga, Albany, Warren, Washington, Schenectady, Rensselaer, Green, and Columbia

Do you need legal help?

    Saratoga Child Custody Attorneys

    Saratoga Child Custody Attorneys

    Serving clients in Saratoga, Albany, Warren, Washington, Schenectady, Rensselaer, Green, and Columbia

    Do you need legal help?

      The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and here team for any legal needs.

      – Joseph B.

      They were so kind and caring throughout the whole experience. Walked with me through everything. They made a difficult and painful time more manageable. I would recommend them to in a heartbeat. Best decision about the divorce I made.

      – Kelli F.

      Was a real advocate for me while going through my divorce. Responded to emails and calls promptly and guided me through the entire process. Fair, responsive and frankly a light during a tough time.

      – Melissa W.

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      Saratoga Child Custody Attorneys

      Negotiating Workable Parenting Plans

      If you have children and are considering a separation or divorce, one of the most important decisions you will have is how your children will be raised and cared for. This is difficult in an intact marriage; when parents are going through the emotional trauma of marital dissolution, this issue can become explosive. Mahserjian & Mahserjian-Ortiz, PLLC understands the complexity of the legal and human issues attached to child custody. We can help you obtain a complete custody arrangement that meets the individual needs of your children and addresses the unique circumstances of your family.

      Child Custody Considerations in New York Divorces

      Legal Custody

      Separating or divorcing parents must determine how important decisions will be made for their children. After a separation or divorce, one or both parents will make decisions regarding what school the children will go to or what doctor will treat the children. Legal custody is the right to make legal decisions for your children and can be granted to just one parent (sole) or both (joint).

      Even when they’re not able to get along, parents will often insist on joint legal custody. The majority of custody cases are negotiated in an agreement. The current trend in negotiated agreements is to accommodate the parents and state that the parties will have joint legal custody.

      Physical Custody

      Physical custody addresses where the children will live. Parents can share physical custody equally, with each parent having the children 50 percent of the time, or the children can live mostly in one parent’s home. The more common arrangement is to have one “primary physical custodian.”

      Visitation and Parenting Time

      If one parent will have primary physical custody, both must agree on the scheduled times when the children will see their other parent, i.e., “visitation” or “parenting time.” There is no such thing as a typical access schedule. The frequency, duration and type of access vary from family to family. It can be dictated by unique work schedules, school arrangements or the convenience of both parties. If no access schedule is set and the parties cannot agree, one of the parents can ask a court to set a schedule. The time and cost involved in going back to court should be enough incentive to work thorough these issues and continue to cooperate with the other parent on custody and visitation schedules.

      Frequently Asked Child Custody Questions

      New York courts determine child custody based on the child’s best interests, considering factors including: each parent’s ability to provide a stable, loving environment; the child’s relationship with each parent; each parent’s mental and physical health; work schedules and availability for childcare; the child’s preferences (if age-appropriate); any history of domestic violence or substance abuse; each parent’s willingness to foster the child’s relationship with the other parent; and the child’s educational, emotional, and developmental needs.

      Legal custody refers to the right to make major decisions about your child’s upbringing, including education, healthcare, religion, and extracurricular activities. Physical custody (also called residential custody) refers to where the child lives and spends their time. You can have joint legal custody (shared decision-making) with sole physical custody (child lives primarily with one parent), or various combinations. Courts often award joint legal custody unless there are compelling reasons against it.

      To modify a child custody order in New York, you must demonstrate a substantial change in circumstances that affects the child’s best interests. Common reasons include: relocation by either parent, changes in work schedules, the child’s changing needs as they age, substance abuse or mental health issues, violation of existing orders, or remarriage affecting the household. You must file a petition with the court that issued the original order and prove the modification serves the child’s best interests.

      Relocating with your child to another state requires court approval in New York unless both parents agree. You must file a relocation petition demonstrating that the move is in the child’s best interests. Courts consider factors including: the reason for relocation, impact on the child’s relationship with the non-relocating parent, educational and social opportunities in the new location, feasibility of preserving the relationship through modified visitation, and the child’s preferences. Each case is decided individually based on specific circumstances.

      If your ex-spouse violates the custody order, document all violations with dates, times, and details. Contact your attorney immediately to discuss enforcement options including: filing a violation petition with the court, requesting makeup parenting time, seeking contempt of court charges, modifying the custody order to prevent future violations, or requesting supervised visitation if safety is a concern. Courts take custody order violations seriously and can impose various penalties including fines, makeup time, modified orders, or even jail time for willful violations.

      Child custody case costs in New York vary significantly based on complexity and whether the case goes to trial. Uncontested custody agreements may cost $2,500-$7,500, while contested cases can range from $10,000-$50,000 or more. Factors affecting cost include: attorney fees, court costs, custody evaluations ($3,000-$15,000), expert witnesses, mediation costs, and trial expenses. High-conflict cases requiring extensive litigation, multiple experts, and appeals cost significantly more. Investing in experienced counsel often saves money by achieving better outcomes more efficiently.

      Child custody cases in New York typically take 6 months to 2 years, depending on complexity and court schedules. Uncontested cases with agreed-upon parenting plans can resolve in 3-6 months. Contested cases requiring custody evaluations, expert witnesses, and extensive discovery take 12-18 months or longer. High-conflict cases with multiple motions, appeals, or complex issues may extend beyond 2 years. Emergency custody situations can be addressed within days or weeks through temporary orders while the full case proceeds.

      Yes, you need an experienced child custody lawyer for your New York case. Child custody law is complex, involving detailed legal standards, court procedures, and strategic considerations that significantly impact your parental rights and your child’s future. Mahserjian & Mahserjian-Ortiz, PLLC’s experienced child custody attorneys provide the expertise necessary to protect your parental rights, advocate for your child’s best interests, navigate court procedures effectively, present compelling evidence, and achieve the best possible custody arrangement for your family’s unique circumstances.

      New York Divorce Courts and the “Status Quo”

      Family law courts decide matters based on their perception of “the best interest of the child(ren).” Since stability is generally in the children’s interest, especially during a time of upheaval like a divorce, the court prefers to maintain the status quo. This can mean identifying a parent who has been the primary caregiver and favoring that person in custody matters, just as the primary bread-winner would take primary responsibility for child support. A parent who has been largely absent in the children’s lives has a difficult time suing for joint legal and physical custody during a divorce.

      Contact Our Experienced New York Child Custody Attorneys

      To speak with the lawyers at Mahserjian & Mahserjian-Ortiz, PLLC, contact us today. We will be happy to answer your questions and schedule an initial appointment at our Clifton Park office. You can also schedule an appointment by contacting us online.