Separation can be tough, but it is much more difficult when there is a child involved. In most cases, each partner wants to have custody of the child, and this is where an attorney can make all the difference. As a Rochester family law attorney who takes a personal approach to every case, Aaron Gavenda is here to help with your custody case. He and our team can offer you the support and guidance you need to seek an outcome that works for you and your child.
Custody & Visitation in New York
First, you need to understand what child custody and child support are. Physical custody of the child refers to the time and place where the child will live that will be either with one parent or splitting between the two. On the other hand, legal custody refers to the right to make decisions that will affect the child. This includes decisions related to the child’s education, health, etc.
During divorce or separation, the court will decide what is best for your child. Child custody orders aim to protect the child’s interests.
It's important to be aware of a few custody-related issues:
- Scheduling visits and pickups
- Holiday visitations
- Deciding between physical and legal custody
- Fair child support payments
- Access to other family members and grandparents
Navigating Abuse, Neglect & CPS
Child Protective Services (CPS) is a state-wide agency mandated by the government in New York State to take care of children, protecting them from neglect and abuse by a parent or guardian. Often, the agency’s resources are overwhelmed, and stretched thin, leaving parents confused or misrepresented by a quickly unfolding dispute situation.
These are the types of cases our firm has handled extensively:
- Neglect: The NY Family Court Act sets out a process to help protect children from injury or mistreatment, and to protect the physical, mental, and emotional well-being of a child. Under this act, a parent with a child under 18 is guilty of neglect if they inflict or threaten harm to the child, including abuse and severe spanking.
- Abuse: An "abused child" is one whose parent causes serious physical harm or a risk of injury, or commits an act of sexual violence against the child. A parent can also be guilty of child abuse by allowing another adult to inflict on the child or cause serious injury.
If either of these issues is a concern in your situation, we’re here to help and support you.
Contact Rochester child custody lawyer Aaron Gavenda today.