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.

Child Abuse and Neglect

The role of the family in American society is important in our nation’s history and tradition.

The law assumes that all parents want to, and do, act in their children’s best interest. Based on this assumption, parents have the right to raise their children and are responsible for adequately providing, protecting, and caring for them. Charges of child abuse or neglect are grounds for the state to interfere with these parental rights. When parents cannot meet the responsibilities that come with raising their children, the court has a right to intervene. When you or someone you know is facing this situation, it is important to get professional legal help from a qualified attorney.

Even the best of parents can be falsely accused of child abuse or neglect by a disgruntled former spouse, other parent or significant other, family member or neighbor. These charges are serious and should not be taken lightly, even when you know the accusation is untrue. It is not worth the risk of affecting your career, or losing your child. Allow an attorney to help you through this difficult situation.

Please call Tully Rinckey at (888) 529-4543 or email to contact an attorney who can help.

Our lawyers can help in a variety of situations

  • You and/or your spouse have been accused of child abuse/neglect.
  • You have not been accused, but are named as an “interested party” in a child abuse/neglect case.
  • Your child has been removed from a caretaker after charges of abuse or neglect, and you are seeking temporary custody of the child.
  • We can act as a neutral law guardian to represent the children allegedly abused or neglected, if appointed by the Court.

There are many different forms of child abuse and neglect

Child abuse can be any act that endangers or impairs a child’s well-being. Child abuse can be sexual, physical, emotional or psychological.

Child neglect can be any act that deprives a child of their essential needs. As with abuse, there are different types of neglect such as physical, educational, emotional and lack of supervision.

Juvenile Delinquency

The lawyers at Tully Rinckey have experience in representing juveniles in court as well as the parents of accused children. Juvenile delinquency is the legal term for behavior that would be judged criminal if the child was an adult.

Although there are certain categories of crimes that are more typical with youth, juvenile crimes can range from misdemeanors to serious felony offenses. While these crimes are still subject to legal proceedings, they are handled differently than the same crimes committed by adults. Juvenile courts provide youth with many normal due-process rights but they are not entitled to a jury, nor can they avoid detention by posting bail. They have the right to have their parents and an attorney present before answering questions. The privacy and records of juvenile offenders are confidential. “Youthful offender” status may provide that court records are to be sealed and a youth’s record to be erased at age 21. Most juvenile court proceedings are closed to the public and media.

Parents of the accused juvenile may be required to pay fines associated with their child’s wrongdoing. Although children are expected to work to pay off any debt, parents are ultimately responsible for their fine. Fines may include payment to the court for reimbursement and victim restitution.

By U.S. Federal code, all persons under 18 years old are considered minors. However, each state has the authority to decide what age is tried in Juvenile Courts. In New York, Juvenile Courts currently only have jurisdiction of those under the age of 15; however, this will change on to age 18 effective October 2019.

Because of the sensitive nature of juvenile proceedings, you should have a lawyer experienced with handling juvenile crimes and representing parents of accused children.

If you have questions or need help with a legal problem involving a minor, please call Tully Rinckey at: (888) 529-4543 or email


In the legal field paternity is most commonly associated with child custody, child visitation, and child support.

Paternity suits can determine if a man is the biological father of a child and thus, legally responsible. It also could be used to argue ancestry for estate purposes. The attorneys at Tully Rinckey understand that paternity issues can be very sensitive in nature. We have experience in representing clients in paternity proceedings.

Some of the most common cases include:

  • The mother of a child who wishes to establish paternity in order to receive child support
  • The father of a child who wishes to establish paternity so that he may exercise his child custody and visitation rights
  • A potential or alleged father who may be ordered to pay support
  • Issues involving inheritances and estates

As determined by law, a child born to a woman during marriage is presumed to be the husband’s child. This presumes the husband has complete rights, duties, and obligations as a parent despite the fact that he may not be the biological father. A formal adjudication of paternity can be established by the Court through the process of a paternity test and can determine what rights and obligations actually exist.

In cases of an unwed mother, a man may come forward and acknowledge paternity and accept responsibility for the child, or the mother may petition the court for such a determination.

When paternity of an out of wedlock child is called into question, hospital records and birth certificates are not enough to establish lawful paternity. Paternity (DNA) testing will be used to determine parentage. While DNA tests are considered solid proof of paternity, in some cases the results are questionable and may be challenged.

If you need legal assistance with paternity issues, please call one of our Family & Matrimonial lawyers at (888) 529-4543 or email


“Thank you for all your help, Barb. You are terrific and I will exuberantly tell anyone looking for the best lawyer about you!” ”

K.L. on Partner Barbara J. King

 “Barb was amazingly compassionate and trustworthy and more! She’s what makes a horrible situation manageable.”

– K.T. on partner Barbara J. King

The Capital Region Child Custody Attorneys at Tully Rinckey are readily available to handle your matter and fight to help you realize the legal outcome you desire. To schedule an initial consultation with a member from our experienced team, contact us 24 hours a day, 7 days a week, at (888) 529-4543 or

You can also use our secure Live Chat feature to connect with us regarding your matter. Your message will be delivered to a secured firm account with a member from our team ready to assist you.

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Our highly knowledgeable law team comes to the table with attorneys who have 20 to 30 years of experience representing hundreds of clients. With hundreds of years of combined experience in appellate, international and U.S. business and corporate commercial law, litigation, criminal law, immigration, bankruptcy, employment law, estate planning, our team has what it takes to ensure your success.

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