The most difficult part of divorce is dealing with the custody of your children. Often, parties are dealing with differences in parenting style, which can naturally feel like one is better than the other. The courts are looking for engaged, self-sacrificing parents and custody determinations are made according to the long-standing standard, the best interests of the child(ren).

The courts can consider a number of factors in determining the best interests of the child(ren), such as:

• which parent has been the main care giver/nurturer of the child

• the parenting skills of each parent, their strengths and weaknesses and their ability to provide for the child's special needs, if any

• the mental and physical health of the parents

• whether there has been domestic violence in the family

• work schedules and child care plans of each parent

• the child's relationships with brothers, sisters, and members of the rest of the family

• what the child wants, depending on the age of the child

• each parent's ability to cooperate with the other parent and to encourage a relationship with the other parent, when it is safe to do so

The factors listed above are in no particular order and the courts are generally very concerned with issues like alienation, disparagement and the ability of each parent to engage in coparenting with the other. Often, in highly contested cases, the courts will appoint an attorney to represent the children and give them a voice in the process, and can appoint a forensic evaluation of each parent’s fitness for custody. This process can leave a lot up to interpretation, especially when it comes to how your situation is represented in court.

Our team of experienced family lawyers can advise and represent you in and out of the courtroom to ensure your rights and your children’s rights are protected. Our clients count on us for expert legal counsel, and our representation extends beyond your legal needs to include your well-being and your relationships with your loved ones, especially your children.

Regardless of the relationship between the parents, or the relationship between a parent and a child, each parent has a legal responsibility to financially support his or her children. In the context of a non-married couple, there must be an establishment of paternity, either by the birth certificate, acknowledgment or by DNA test. For married couples, the paternal father is assumed to be the husband at the time of the child’s birth.

Generally, in the state of New York, child support is paid by the non-custodial parent. Basic child support (i.e. food, clothing and shelter) is generally calculated according to a statutory formula and is based upon the income of the parents. Under certain circumstances, the courts can deviate from the statutory formula and will often do so by “lifting the cap” on the income of the parties used in the calculation. Additional expenses such as childcare, medical insurance premiums and extracurricular activities are not part of basic child support and must be calculated separately.

Our team of experienced family law attorneys are here to protect and ensure the financial needs of your children are met,and that their well-being is put at the forefront of every discussion.

Circumstances in your life can easily change, which may call for the modification of the terms of your divorce. Or, perhaps your ex-spouse has violated the terms of your divorce agreement, and you need to now enforce the terms.

There are a number of ways you could go about resolving issues that arise after your divorce is finalized, from addressing it with your ex yourself to filing a motion in court. It may be painful to go back through the process, but inaction could be more costly. The team at Artese Zandri has extensive experience in navigating the modification and enforcement process, including how to most efficiently resolve the issue you are having with your ex. We will work closely with you to ensure that every angle and perspective of your situation is taken into consideration. Schedule a consultation to learn more.

10 Reasons you may want to to re-engage with a lawyer or mediator: (Call Out Box)

1. You require a change to child support

2. Your spousal support or maintenance is no longer needed

3. Visitation with your children is proving to be insufficient

4. Circumstances surrounding your child custody arrangement have changed

5. The circumstances of insurance related expenses have changed

6. You want to formalize how you will pay for your children’s education

7. You are suddenly faced with a disability

8. An unexpected opportunity or need to retire

9. You are not consistently receiving child support

10. You are getting re-married

And many more.

Paternity and parental rights go hand-in-hand. Once the paternity of a child is determined, the rights and obligations of the parent are also established.

How is paternity established? Paternity refers to the legal status of a child’s father. If the parents are married at the time of the child’s birth, then the husband is presumed to be the father. If the parents are unmarried at the time of birth, then the biological father needs to establish he is the legal father of the child through an "Acknowledgment of Paternity." Without an acknowledgement of paternity, the courts can order a DNA test to determine who is the legal father.

Once paternity is established, the father then has the right to see his child, and the obligation to support his child.

Parental Rights

Parental rights ensure you can create a bond with your child, allows you to be an active part of their upbringing and major decisions as well as puts financial checks into place. Overall, it establishes the right to:

• physical custody, which gives you the ability to have visitation and regular contact

• legal custody, which gives you the ability to make major decisions about the child's health, education, and religious upbringing

• pass property to a child in the form of a gift or inheritance

• a child’s earnings and to inherit from the child in the event of death.

Parental Obligations

With the establishment of parental rights, then comes the duty to provide for your child, which in turn means, you are required to:

• meet a child’s basic needs and parent in a way that serves the child’s best interests

• financially support your child, typically until the child reaches the age of 18 or graduates from high school

• serve your child’s emotional and physical needs

• protect your the child from abuse from the other parent or another household member; and overall

• meet your child’s basic need for food, clothing, housing, medical care and education.

What are the legal rights of non-biological parents?

In the state of New York, non-biological, non-married, non-adoptive parents can seek custody and visitation of children who were born into their relationships with the consent of the child’s biological parent. When there is a case that a non-biological parent has supported the other, established a parental relationship with the child, has been a psychological parent to the child over a substantial period of time, the case may be made to allow for custody, visitation or an enforcement of support.

Relatives and friends may also petition the court for custody, but first extreme circumstances must be proven and that separating the child(ren) from the parents is in the best interest of the child(ren). Similarly, the same case be made for visitation rights by parents, siblings, half-siblings, and grandparents.

Parental Rights for Same-sex Couples

While there are many laws in place to protect same-sex couples parental rights, this area of law is still evolving. In New York, the courts have ruled that the “presumption of legitimacy” - that any child born during a marriage is presumed to be the married couple’s child - extends to heterosexual and same-sex couples alike.

That said, same-sex adoptions can play a critical role in firmly establishing parental rights, and same-sex couples should consult with their attorney on the process to undertake in order to securely establish their rights as a parent.

Our team at Artese Zandri knows the importance of establishing healthy family bonds, and we have the extensive mediation and litigation experience required to navigate the path forward to protect you and your family. Schedule a consultation to learn more.

If you are in a dire situation and need immediate assistance to secure your safety - call 911 now.

If you believe you are a victim of domestic violence, there are resources to help: Visit Getting Help for Domestic Violence or The National Domestic Abuse Hotline.

When intimate relationships become violent, you have to protect yourself and your loved ones. Taking actionable steps to protect yourself after you’ve been the victim of domestic violence can be even more difficult than withstanding the abuse itself. You may be afraid of further retribution or not have the financial resources to break-free.

Where to turn? There are a number of resources to help you organize around your safety - both legal and nonlegal - from domestic violence counselors and shelters, to filing criminal charges or family offense petitions.

The team at Artese Zandri has the experience and the resources to provide you with both the legal framework you’ll need to secure your safety, but also to build the community of support that you’ll need to get back on your feet. After you’ve taken the initial steps to secure your immediate safety, partnering with counsel who specializes in defending victims of domestic violence can be instrumental for your protection.

What we can do for you:

• Represent you and serve as the go between with your abuser.

• Pursue an order of protection.

• Secure custody of your children.

• Consider criminal charges or a civil suit.

• File for divorce, determine spousal support and division of your assets.

Artese Zandri puts your well-being first and has extensive experience in striking the balance you and your loved-ones need to provide you with compassionate counsel while at the same time aggressively advocating for your protection. Schedule a consultation to learn more.

Abuse by a family member is unthinkable, and it can be hard to know where to turn for help. The courts provide you an opportunity to protect yourself from family offenses. It’s important to know what rises to the level of a family offense and also who is considered part of your “family.”

What is a family offense? Under New York State law, there are seventeen offenses that a family member can commit that can result in a family offense petition being filed in family court (you may also consider whether to pursue criminal charges and should speak to a lawyer to understand each option). In family court, you can petition for an order of protection, a custody determination and more. In criminal court, a guilty verdict could result in jail time, fines and community service.Who is considered a “family member”?

• Anyone related by blood or marriage (or formerly related by marriage)

• Anyone with whom you have a child, and

• Anyone with whom you’ve been in an intimate relationship.

In delicate matters such as these, someone who can provide you with a caring and compassionate approach, but who will also step in as your advocate and get you the protection you need.. The team at Artese Zandri have extensive experience in navigating the family and criminal courts, so you can feel confident that your case is handled with the exact amount of care and advocacy required to put you on track toward a healthy, powerful and successful future.

Actionable Family Offenses:

• Disorderly conduct

• Unlawful dissemination or publication of an intimate image

• Harassment

• Aggravated harassment

• Sexual misconduct

• Forcible touching

• Sexual abuse

• Menacing

• Reckless endangerment

• Criminal obstruction of breathing or blood circulation

• Strangulation

• Assault or attempted assault

• Stalking

• Criminal mischief

• Identity theft

• Grand larceny

• Coercion

Schedule a consultation to learn more.