Being a parent can be challenging for those in the military. Even under the best of circumstances, you may only be able to see your children for limited amounts of time. However, being a parent can be especially difficult if you do not have any specific right of custody or visitation.
A seasoned Albany military custody lawyer from Tully Rinckey PLLC can help you with these issues by reviewing your situation and advising you on your legal options to gain custody or visitation rights. Our family attorneys can also represent you in custody hearings. Above all, we know the challenges you face as a military parent and are committed to representing your interests.
In the State of New York, courts make child custody decisions in the best interests of the child, as established in New York Domestic Relations Law §240. In practice, courts may consider a variety of factors to determine custody rights, including:
Your employment and ability to provide for your child
Your relationship with your child
Your mental and physical health
The child’s own wishes
Accordingly, a military parent may be able to obtain custody rights by showing that they have steady, permanent employment due to their military service. They may be able to use their service as evidence of excellent mental and physical health as well. An Albany military custody lawyer can provide more information on how you could make an effective case for custody rights as a military parent.
Types of Custody
Generally, courts can award different kinds of custody rights depending on the circumstances. Shared custody generally refers to a situation in which both parents share almost equal parenting time. Both parents could share physical custody of the child. Additionally, both parents could, through joint legal custody, have the right to make decisions about the child’s education, health, and welfare.
By contrast, sole custody usually refers to a situation in which one parent has primary decision making over the child. If sole custody is granted, the court would still award visitation rights for the non-custodial parent to visit the child while they are residing at the custodial parent’s home. These visitation rights are usually set for a specific length of time or for specific periods.
Specific Provisions for Military Parents
New York State law has specific provisions for accommodating military parents and enabling them to exercise their custody rights. Under NYDRL §240, a court in Albany may modify a custody order to enable contact between a military parent and their child while the parent is activated or deployed. For example, a court must provide for electronic or telephonic communication between a military parent and their child, including e-mail or webcam access.
Additionally, NYDRL §240 authorizes the court to establish a parenting and visitation schedule for when a military parent is on leave. The court must automatically consider a military parent’s return from active duty a substantial change in circumstances, which warrants a review and possible adjustment of custody rights. An Albany military custody lawyer can help with this adjustment process and provide additional information on visitation and custody rights for military parents.
An Experienced Albany Military Custody Lawyer Can Help
Being in the military is often a demanding profession. It can be even more challenging for military parents, who may not be able to see their children as often as they would want. As a result, custody rights are especially important for military parents.
Our seasoned attorneys at Tully Rinckey PLLC know the kind of challenges you have as a parent performing military service. We can review your situation to ensure that you receive the custody rights you deserve and can represent you in court if necessary.
If you are a military parent and need help with a child custody issue, assistance from an Albany military custody lawyer could be just what you need. To schedule an initial consultation with a member from our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or email@example.com
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Let me begin with my continued respect and heartfelt thanks for all you did for me when a simple divorce spiraled out of control. As wounded as I was, I was painfully aware of the emotional toll the litigation was taking on you too. It was that empathy, accompanied by your phenomenal legal skills that kept me together during what was perhaps the most traumatic chapter of my life. I hope I am able to convey an impression of the depth of gratitude I have for you.
I retained Tully Rinckey PLLC for a child support modification, which became necessary following domestic violence incidents, my own disability as a result, and my children's increased needs. Tully Rinckey PLLC is professional, proactive and, most importantly, does not suffer fools. They focused on the legal arguments of the case and applied appellate decisions which were directly related. Most importantly to me, they took my case personally. As one who has seen many people promised the sun, moon and stars by attorneys who then treat them as a number, Tully Rinckey PLLC was invested in my case from the beginning. They were able to go directly to the heart of the matter without needing to destroy the other party. They kept the focus on my children's needs and, when the other party refused to settle and hired an attorney, Tully Rinckey PLLC went into overdrive making sure my children would get a fair hearing of the facts in court. They kept the main thing the main thing and her arguments on point. They also ensured that my disability accommodations were honored and was sensitive to the needs my disability created, which was incredibly important for my testimony. I have already recommended Tully Rinckey PLLC several times and will continue to do so.
I was represented by Ryan McCall in both custody and support matters. Ryan did an excellent job in both, and we were successful in both. I would highly recommend to anyone in need of great representation to contact Tully Rinckey and speak to Ryan McCall.
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I would like to thank you for the wonderful job Tully Rinckey PLLC did on my behalf. In an unusual circumstance where the custody of my daughter changed for a period of 6 months because of Hurricane Irene, they managed to get the entire case dismissed.
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