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Child Custody Lawyer For Fathers

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Home > Practice Areas > Child Custody Lawyer For Fathers

Protecting Your Child’s Best Interests in Custody Matters

Child custody is the most important issue that must be resolved in the breakup of any relationship. Custody can also be one of the most contentious issues between parents.

Do you need legal assistance handling a child custody matter in Staten Island, Brooklyn, or the New Jersey counties of Monmouth and Middlesex? Contact us for a Legal Strategy Session! As Staten Island divorce lawyers, we will provide competent and caring guidance for your case from start to finish. Call today and let us fight for the best interests of both you and your child.

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Understanding Child Custody in New York & New Jersey

Child custody consists of two parts. Legal custody of a child involves the right and responsibility of making decisions regarding the child, such as health, education, religion, and other major life concerns. Physical or residential custody of a child refers to where and with whom the child will live. When the parents share joint legal custody, both parents will make major decisions about the child. The parent with whom the child resides will make the day-to-day decisions while the child is under his or her care. When only one parent has custody, which is called sole custody, that parent has the exclusive right to make decisions about the child and the child resides with them as well.

When determining child custody, the courts will not favor one parent over the other. Custody is decided upon the best interests of the child. The courts will consider many factors in arriving at their decision. These factors include which parent has been the child’s main caregiver, the individual parenting skills of each parent, the physical and mental health of the parents, whether either parent has been the victim or aggressor in any domestic violence incident, what the child desires if he or she is old enough, and more.

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Dedicated Child Custody Attorneys for Fathers in Staten Island, Brooklyn, & New Jersey

We can help you understand and resolve the legal points of child custody. Arrange a Legal Strategy Session with me at your earliest opportunity for caring and competent legal help tailored to the rights of fathers.

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Have Questions? We Have Answers!

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Do I Need to Live in New York to File for Divorce in New York?

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Before you can obtain a divorce in New York State, you must meet one of the following residency requirements:
  • The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing.
  • The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing.
  • The cause of action occurred in New York, and both parties live in New York at the time of filing.
  • Either party has lived in New York for two years or more prior to filing.
The court cannot maintain jurisdiction over a divorce action unless one of these five residency requirements exists. Any challenge to residency must be raised during the divorce proceedings, and will not be entertained post judgment.

Why Choose Certified Financial Litigator?

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A CFL is not just an attorney; they are professionals who have undergone extensive training in handling the financial aspects of legal issues, especially those related to divorce and complex financial matters. Certified financial litigators have completed comprehensive training and achieved a passing grade on the CFL Exam, ensuring they are well-versed in all aspects of financial law. Choosing an attorney with a CFL certification means you're opting for an expert with a deep understanding of financial issues that may arise during legal proceedings. These attorneys can provide advice and guidance based on a thorough knowledge of financial concepts and regulations.

Can I Start a Divorce Against My Spouse When I Reside in New York, but My Spouse Does Not Reside in the Country?

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The short answer to this question is, generally, yes, however, this is a complicated issue and it is important for you to speak with an experienced attorney about the issues of service of process on your spouse pursuant to international law. When the country in which your spouse is to be served is a signatory to the Hague Service Convention, the documents to be served will need to be translated into the official language of that country and presented to a Central Authority authorized to effectuate service in that country. This is often a lengthy process, which includes the translation of legal documents, shipping of those documents abroad, and locating your spouse. Attorney Dow has experience organizing the service of international process and welcomes the opportunity to help you serve your internationally located spouse.
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