Have Parenting Concerns? We Can Help Meet Your Needs.
Addressing and resolving parenting concerns are a large part of our family law practice at The Arquette Law Firm, PLLC. Whether you are involved in a custody dispute, need help with child support or are attempting to establish your parental rights, our attorneys are here to help you identify your goals, explore your options and find the best path toward a solution.
Child Custody And Visitation
Issues surrounding child custody and visitation can be emotionally contentious. It is important to always keep the best interests of your child(ren) in mind. This is the standard the court will apply if it becomes necessary for a judge to make a custody determination. In general, the law recognizes that a child is most benefited if they have a relationship with both of their biological parents. This may mean that one parent is awarded sole physical and legal custody while the other parent is awarded some form of visitation rights, or both parents may share legal custody.
Legal custody refers to the right of a parent to make decisions on a child’s behalf, such as those involving health care, education and religious upbringing. Physical custody refers to where the child will reside for the majority of the time. Child custody determinations are a necessary part of divorce cases. For unmarried parents, a determination will largely be made in the same way as it is for divorced parents, assuming both parents have established their parental rights.
Establishing who the biological father of a child is can benefit both the mother and the father. For mothers, this can help open the door to requesting financial support from the father. For the fathers, this can establish their parental rights, giving them the opportunity to pursue custody and visitation. We represent both mothers and fathers in paternity actions.
Rights Of Grandparents
In general, grandparents do not enjoy the same robust rights to custody and/or visitation as biological parents. However, if grandparents have played a major role in raising a child, or if denying the child a relationship with the grandparents would harm the child’s best interests, the court may grant some rights to the grandparents to enable them to remain part of the child’s life.
Child support determinations are pretty straightforward in most cases. The state of New York has established child support guidelines, which parents can use to get an approximate idea of how much they may expect to pay or receive for the financial support of their children. The primary factor considered in support determinations is the income of each parent, although other factors may be given additional weight. Of course, guidelines are just that. Exceptions can and will be made depending on the unique circumstances of each case. That is why skilled legal counsel is so important.
Questions About Parenting And Family Law? Contact Us.
If you have parenting concerns and want to know more about your legal rights and obligations, speak with us. Call 518-373-9300 or contact us online to schedule an initial consultation. Our offices are located in Clifton Park, and we represent people throughout the Capital District and all surrounding areas.