Child Custody & Visitation

Child Custody & Visitation Representation | New York City

When parents divorce, the most difficult legal matters they face involve the children. The same applies to unmarried parents who are separating and need to determine who will get custody of the children.

If you need legal guidance for a child custody matter in New York, the attorneys at The Law Firm of Poppe & Associates, PLLC, are here for you. We have extensive experience handling complex and contentious child custody matters, including international child custody and UCCJEA issues.

Contact us today online or by telephone at 212-792-9501 to arrange a free initial consultation with an experienced New York child custody attorney.

Legal vs. Physical Child Custody

Divorces where child custody is at issue between the parties are frequently acrimonious, and coupled with high levels of emotion. The reasons for this are clear to even non lawyers, our children are our lives, and our children are our legacy.

In determining custody, the courts seek to determine the best interest of the child(ren). Determining the best interests involves a multifaceted inquiry, such as: “the quality of the home environment and 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 relative fitness of the respective parents, and the effect an award of custody to one parent might have on the child’s relationship with the other parent.” Matter of Yu Chao Tan v. Hong Shan Kuang, 136 AD3d 933, 934 (2d Dept 2016).

Generally, child custody is divided into two aspects: Physical / residential custody, and legal custody, also referred to as legal decision making.

Physical Custody: Also called residential custody, generally addresses which parent the child(ren) will live with. Residential custody generally determines who will be the payor and who will be the recipient for any child support awarded.

Legal Custody: Decision-making authority over important aspects of the child’s life such as education, health care and religion. Our courts have a significant history of denying shared decision making when the level of animosity between the parents is at an untenable level. A few cases that have held the position that joint legal custody is not appropriate when domestic violence or high levels of conflict exist are Fountain v Fountain, 130 AD3d 1107, 1108–09 [3d Dept 2015]; W. v Vanderhorst, 92 AD3d 615, 616 [1st Dept 2012]; and Jacobson v Wilkinson, 128 AD3d 1335, 1336 [4th Dept 2015].

In every case, we try to spare the children from the stress and acrimony of a prolonged legal dispute. We are passionate advocates for the best interests of the child and use our experience to help resolve child custody disputes in an amicable, cost-effective manner. We handle a broad range of child custody matters, including modification and enforcement of orders, as well as grandparents’ rights. (*** we are not passionate advocates for children as we do not represent children.)

Shared Parenting

Many recognize that children benefit from having a meaningful relationship with both parents. Today, more and more parents are opting to engage in shared residential arrangements, whereby the parents live in close proximity to the children’s school. This type of shared parenting requires mature co-parenting.

Co-parenting places the emphasis on achieving this goal. In the past, one parent, usually the mother, would get physical custody of the child, and the other parent would have visitation privileges. Co-parenting broadens the role of the non-custodial parent so that both parents are meaningfully engaged in the growth and happiness of their children.

Contact us today online or by telephone at 212-792-9501 to arrange a free initial consultation with an experienced New York City family law attorney.

You Don’t Have to Take Our Word For It. Here’s Why We’re one of the Premier Family Law Attorneys in New York City. 

Highest Praise for Attorney Kamelia Poppe

“Our case was a difficult child custody case and it was made even more challenging because the defendant resides in Texas and the case was in New York. Ms. Poppe was extremely sympathetic to our fears and concerns. She is an incredibly capable attorney and we recommend her highly.”

– Alan

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Request a Consultation about your Child Custody or Visitation Case

Contact (212) 792-9501 to arrange a consultation with an experienced
New York family law and matrimonial attorney.