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How does a person petition for custody rights in Brooklyn?

Brooklyn, NY – Custody rights are important for parents that are going through a dispute, and it is also possible for others to be involved in the custody process. New York law even allows certain parties other than the parents to petition for custody rights. It is common for grandparents and other extended family members to utilize this procedure when necessary. However, state law does require certain formalities to be observed, and any changes in custody need to be granted by a judge. There are child custody lawyers in the Brooklyn area who work on these matters. 

What does the person need to prove?

The parent or other party needs to fill out a petition and file it in the local family court. Like all other custody matters, the person who is filing the petition will need to show that they can serve the best interests of the child. This means that they are capable of financially supporting a child, providing things like food, shelter, healthcare, and education, and any other issues that may be necessary to help the child and maintain a safe environment. Judges also may be reluctant to give custody rights to someone who has prior issues with substance abuse, crime, child neglect, financial problems, or anything else that may reflect poorly on their ability to be a parent. In cases where grandparents or extended family members are asking for custody rights, there usually needs to be a showing that the biological parents are unfit, unavailable, or otherwise not able to be given the child. It is also possible that the child has some kind of special needs that must be met by the person asking for custody as well.

There are some times where a divorce or other issues create the need for custody to be awarded to a party temporarily. A judge may order this type of short term custody based on the specifics of the situation.  

Custody settlements

It is possible that custody matters can be decided through a settlement agreement rather than in court. The parents and other parties can create their own parenting schedule, and it only needs to be submitted for court approval. In many cases, making a custody settlement is an ideal outcome, as settlements tend to save time and money versus having to litigate these issues in family court. Each parent’s attorney can work to negotiate a custody settlement if necessary.  

Advice from a local attorney

Elliot Green Law Offices is a firm that works with clients and families in the Brooklyn area to help solve their problems. Their attorneys near me focus on divorces, child support, custody disputes, alimony payments, and related matters. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com

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