Dedicated & Compassionate Child Custody Attorneys For You & Your Family
Child custody issues are top-of-mind for families experiencing a divorce or separation. We are here to assist you in the “process” . Tully Rinckey PLLC’s lawyers have over 100 years of collective experience. representing parents and families and understand your legal rights as a parent or guardian. We bring both dedication and compassion to your situation in seeking child custody rights for children of all ages.
Our Albany Child Custody attorneys are experienced in obtaining solutions that work for all parties while meeting our clients’ needs. We will listen to your needs; educate you in the process and create a strategy to reach your goals to make the child custody process in the Capital Region work for you.
When you retain the services of our team, you can expect experienced attorneys who view your unique Child Custody case as a problem to solve, and if necessary, a battle to fight. Our team will work with you to create solutions so you can continue to raise your children protecting them from the conflict. The attorneys at Tully Rinckey listen to your priorities and goals and help clients present their parenting skills and maturity to the court – precisely what Judges are looking for in Custody matters.
What are the Different Types of Child Custody?
Child custody takes different forms for different purposes.
- Pendente Lite custody is temporary custody ordered by a court while a custody legal proceeding is pending. It’s also called “temporary custody” until the court issues a final order or an agreement can be reached.
- Physical Custody (also called “residential/primary custody”) refers to where the child physically resides. The parent living with the child more than 50 percent of the time has “primary physical custody” and is often referred to as the “custodial parent.” The non-custodial parent will typically receive the rights to parenting or custodial time with the child. An alternative is joint physical custody, where parents share approximately half of the child’s time each.
- Legal Custody refers to the right to make important life decisions for the child, including schools, healthcare, and religion. Legal custody, when given to one parent is called Sole legal custody.
- Joint Legal Custody gives both parents an equal role in making major decisions for the child regardless of how much time the child spends with a parent. This assumes parents can work together. Typically, each parent has veto power over the decisions of the other parent. If a mutual agreement cannot be reached, sole legal custody is an alternative.
Child Visitations vs. Child Custody in Albany
In many traditional parenting plans, only one parent has primary physical custody of the children.
It’s crucial to develop a parenting time schedule for the other parent to maintain stability and security for the children. When one parent is awarded physical custody, the other parent is often entitled to parenting time with the children.
Often, problems arise between parents regarding visitation custodial schedule. It’s important to retain a knowledgeable attorney to understand and protect your legal rights.
What Factors Determine Child Custody in New York?
A court will always prioritize the best interests of the child in deciding custody. Among the factors a court will consider are the following:
- How each parent has handled responsibility for the child historically.
- How well a parent meets the physical and emotional needs of the child.
- The quality of the parent’s relationship with the child.
- A parent’s individual lifestyle and choices as the impact the child.
- The physical and mental health of each parent, including if a parent suffers from a harmful addiction or mental health issue.
- Any abuse or neglect that may have taken place between the parents and/or involving the child.
- The preference of the child if he or she is of a suitable age and maturity level.
Our Albany Child Custody Attorneys are Available for You 24/7
If you’re experiencing child custody issues or concerns, contact us today, and we can help. We are available 24/7. We will discuss your family’s situation and assess both settlement possibilities as well as court action if necessary. Our perspective and experience will develop workable plans and solutions to meet your needs. We’ll be with you every step along the way. Because of the importance of your child’s needs, it is critical to contact one of our Albany Child Custody attorneys as early as possible.
Our Capital Region Custody team is led by New York State Family & Matrimonial Practice Head Barbara King who brings over three decades of experience handling custody matters. Barbara believes in taking a fully transparent approach with her clients during custody matters by assessing the strengths and weaknesses in light of the viewpoint the courts take in their case.
Partner Michael Belsky also brings a unique approach in custody matters from his experience serving as an Attorney for the Child. Mr. Belsky knows the court process inside and out and is able to look at these cases from the child’s perspective as well. Michael spends time discussing the court process with clients along with understanding their parenting role and the unique relationship clients hold with their children.