A challenging part of the custody process is figuring out which parent will obtain primary custody of the children. You may feel that you are entitled to greater rights of custody than the other parent, and may even choose to pursue exclusive custody rights. Time is typically divided between both parties, with the children frequently having a primary home with one parent, and visitation/access with the other. At the Law Offices of Randy S. Margulis & Associates, our attorneys are here to help you understand the process, and fight for your rights to custody of your kids. Your relationship with your children is special, and must be protected.
The courts follow the legal standard of what is in “the best interests of the child,” and will look at a variety of factors when determining child custody. These include, among many other factors, the parents’ lifestyles, their mental and physical states, their employment or economic status, and their home environments. In large part, the stability of the parents’ home environments, and their abilities to meet the basic needs of the children, are considered. The courts sometimes prefer to see parents end up with joint legal rights, but frequently, only one parent may be awarded primary physical custody, with the other parent only granted very limited rights. The other parent can expect visitation to be granted in most cases, with the exception of extreme circumstances, such as abuse, neglect, addiction, or criminal conduct. Your ability to communicate with each other is also very relevant in a joint custody situation.
You should call us BEFORE going to court or filing an application for custody on your own. Attorney Randy Margulis has 28 years of experience handling both simple and complex child custody cases, and is prepared to help you fight for your rights to your child.
There are two types of custody that can be awarded to one or both parents: physical and legal. Winning primary custody is most parents’ main goal. Physical custody, also known as “residential custody,” determines where the child lives after a separation or divorce. One parent is usually awarded primary physical custody, while the other is granted visitation, now commonly referred to as “access”.
This primary parent is known as the “custodial parent”, and is usually the parent charged with making all of the day to day decisions on behalf of the child. This custodial parent is usually designated based on the best interests of the child. This parent may also be entitled to child support payments from the other parent. We can help you fight for your rights to your child, and provide you with valuable, practical, and tactical advice to help you try to win your case.
Besides determining where your child will primarily live, the courts also must determine each parent’s rights to participate in major decisions on behalf of the child. Joint Custody means that both parents get to have input in this regard, but many factors need to be considered before parents may be granted joint legal custody. Some examples of these types of decisions include medical issues, educational matters, and religious upbringing.
The Law Offices of Randy S. Margulis & Associates will help you determine the best course to pursue, while defending your rights to custody of your children.
At the Law Offices of Randy S. Margulis & Associates, our attorneys are here to fight for your rights to physical and legal child custody. Contact us today at 716-886-9600 or contact our firm online to schedule an initial consultation. We represent clients living throughout the Western New York area, in all the surrounding Supreme and Family Courts.
As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.
Alexandra M. Rockwood is an Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She practices primarily in the areas of matrimonial and family law. Ms. Rockwood graduated magna cum laude from SUNY Geneseo with a degree in History and minors in Political…