Staten Island Child Custody Lawyer

For Staten Island families, a custody case usually leads to Richmond County Family Court at 100 Richmond Terrace in St. George, a few blocks from the ferry terminal, where judges decide every day which home a child will live in and how often they will see the other parent. When a custody dispute begins, Staten Island parents often tell us the same fears: that they will miss out on ordinary days with their child, that the other parent will make every important decision, or that a judge will form the wrong impression of them.

Staten Island child custody lawyer Stephen Bilkis has devoted nearly 30 years to helping New York parents protect their relationships with their children. The firm he leads has handled more than 500 child custody cases, and its attorneys have more than 300 years of combined legal experience, which we put to work preparing each case well before a parent ever walks into that courthouse.

Custody cases take many forms. Some parents already agree on the basics and need an order that clearly reflects their plan. Others are locked in disagreement over where the child should live, whether a parent may move off the island, or whether time with the other parent is safe. We also help grandparents and relatives who have stepped in to raise a child. The Staten Island child custody lawyers at our firm will explain where you stand and build a strategy around what your child needs and what you hope to achieve.

Stephen Bilkis’s dedication to the families he serves has been noticed well beyond his own clients. Among his honors is selection to the New York Super Lawyers list, which includes only the top 5% of attorneys in the state. He has received Avvo’s Excellent designation and Justia’s Top-Rated Lawyer recognition, and he has also been recognized by Expertise.com and TopLawyer.com.

Legal and Physical Custody in Staten Island

Most parents simply want to know one thing when a custody case begins: what will life with my child look like after this? Stephen Bilkis & Associates answers that question by showing you how each custody arrangement might play out in your home, from weekday routines to summer vacations. We then weigh your availability, your child’s schedule, and your history with the other parent to recommend an arrangement that fits your family.

New York divides custody into two parts. Legal custody is the power to make the big decisions in a child’s life, such as education, health care, and religion, and parents either share it jointly or one parent holds it alone. Physical custody, sometimes called residential custody, is about where the child actually lives, and Staten Island families usually end up with one of these schedules:

• One primary home: The child lives mainly with one parent and spends regular time with the other, such as alternate weekends and a weeknight dinner.
• Alternating weeks: The child switches homes every week, which tends to work best when both parents live close enough to keep the child in the same school.
• Split-week schedules: The child divides each week between the two homes in a set pattern, so neither parent goes long stretches without seeing the child, even if the time is not split exactly evenly.

Best Interests Factors in Staten Island Custody Cases

Walking into a courtroom where your parenting will be judged can make even the most devoted parent anxious. Stephen Bilkis and his team give the judge a clear, well-documented picture of the role you play in your child’s life. We obtain school records, pediatrician and dental records, activity and camp schedules, and testimony from people who see you with your child, and we rehearse your testimony with you so you know what to expect.

Staten Island courts apply the same rule used across New York: neither parent is favored because of gender, and every decision turns on the best interests of the child. Judges generally try to keep brothers and sisters together and close to relatives, and they may listen to a mature child’s wishes without letting those wishes decide the case. Beyond that, the evidence usually falls into two groups:

• What tends to help a parent: A history of handling the child’s daily care, a close bond with the child, a work schedule that leaves time for school and appointments, and a willingness to support the child’s relationship with the other parent all count in a parent’s favor.
• What tends to hurt a parent: Proven domestic violence, a health problem that interferes with caring for the child, constant conflict that makes shared decisions impossible, or efforts to turn the child against the other parent can all weigh against a parent.

When custody is part of a divorce, it is generally decided in Richmond County Supreme Court on Staten Island. Parents who were never married, or who need a custody or visitation order outside of a divorce, usually file in Richmond County Family Court at 100 Richmond Terrace on Staten Island, where the judge decides custody under the best-interests standard in Domestic Relations Law § 240(1)(a).

Staten Island’s Family Court is part of a citywide system that took in 53,260 custody and visitation cases in 2019, according to the New York State Unified Court System’s annual report. Once a trial gets underway, court rules give the judge 90 days to finish it, so there is no time to track down a missing report card or an overlooked witness halfway through. Our attorneys have those pieces in hand before the first hearing, so your case is ready the moment the judge is.

Staten Island parents often ask whether their child will have to testify in court. Usually not, because rather than having a child testify in open court, a judge in a Richmond County custody case may speak with the child privately in chambers, typically with the child’s attorney present. This allows the court to hear from the child without placing them in the middle of their parents’ dispute.

Another question we hear from Staten Island parents is whether their texts and social media posts can be used against them. They can, because text messages, emails, and social media posts are often offered as evidence in custody cases. Angry messages to the other parent or posts that reflect poorly on your judgment can hurt your case, so it is wise to think carefully before you hit send or post.

Visitation Rights for Staten Island Parents

If your child will live mostly with the other parent, it is natural to worry that you will become an occasional guest in your child’s life. The experienced Staten Island child custody lawyers at our firm push for a parenting schedule that keeps you genuinely involved. We draft plans that address regular weekends, midweek visits, holidays, school breaks, and exchanges, including locations and transportation, to head off disputes before they start.

In New York, a parent who does not have primary physical custody is generally entitled to regular parenting time unless it would harm the child. The schedule may come from an agreement between the parents or from the court. Where there are real safety concerns, such as a history of abuse, substance use, or a lengthy absence from the child’s life, the court may order supervised visitation with a neutral adult present.

Parents on Staten Island who do not have primary custody frequently ask us whether they can still get their child’s school records. In most cases they can, because federal law generally gives both parents the right to see their child’s education records, even if one parent has primary physical custody, unless a court order specifically limits that right.

Changing an Existing Custody Order on Staten Island

The custody order you received years ago was based on your family’s life at that time, and a great deal may have changed since then. Stephen Bilkis & Associates helps parents who are seeking to modify an order as well as parents who are opposing a modification. We assemble proof of what has changed, such as a new job schedule, a move, academic or behavioral problems, or concerns about safety, and explain why a revised arrangement would serve your child better.

To obtain a modification, a parent must show a change in circumstances since the existing order was issued and that altering the order is in the child’s best interests. Minor or short-lived changes usually will not qualify, so the shift must be significant enough to affect the child’s well-being. Courts also place a high value on stability and tend to leave an arrangement in place when it is working for the child.

Moving Away With a Child After a Staten Island Custody Order

Staten Island parents sometimes see a move to New Jersey, upstate, or out of state as a fresh start, but a custody order can stand in the way of that plan. Stephen Bilkis and his team help parents seeking permission to relocate and parents working to keep their child close by. We present evidence on the reasons for the move, the opportunities it would create for the child, the logistics of travel, and a schedule designed to keep the child connected to both parents.

Before relocating, a parent generally needs written consent from the other parent or approval from the court if the move would substantially affect the other parent’s time with the child, or if the custody agreement restricts where the parent may live. The court evaluates why each parent wants or opposes the move, what effect it would have on the child’s relationship with the other parent, and whether the child’s life would be improved. Even a short move can be denied when the parent staying behind is closely involved in the child’s everyday life.

Matter of Boyd v. Ivory, 2018 NY Slip Op 02457, came out of Richmond County Family Court. The parents, who were never married, had agreed that the mother would have sole legal custody of their child, and the mother later asked the court for permission to move with the child to North Carolina. The child’s attorney supported the move, and the court found that it would improve the child’s life economically, emotionally, and educationally. The Second Department upheld the decision, noting that the father’s relationship with the child could be preserved through a generous visitation schedule with frequent communication and extended summer and holiday visits.

Grandparent Visitation and Custody on Staten Island

On Staten Island, where many families live close to their extended relatives, grandparents often play a central role in a child’s upbringing, which makes losing contact especially painful. Stephen Bilkis & Associates advocates for grandparents seeking visitation or custody and also helps parents who are responding to grandparents’ petitions. We build a record of the grandparent’s involvement through photographs, caregiving history, school and medical records, and witnesses who know the family.

For example, a grandmother in Great Kills who picked up her grandson from school every afternoon for years might suddenly be told she can no longer see him after a falling-out with her daughter. Because both of the boy’s parents are living, she cannot simply ask for a visitation schedule. She first has to show the court why it should get involved, and her years of daily pickups, along with her efforts to stay in touch after being cut off, are exactly the kind of proof that can earn her that chance. We would gather the school pickup records, photos, birthday cards, and texts showing how involved she was, along with statements from teachers or neighbors who saw them together. Only after she clears that first step does the judge decide whether visits are good for her grandson, and her daughter’s wishes as a fit parent will carry real weight in that decision. Had one of the boy’s parents passed away, she could have skipped the first step and gone straight to that question.

Asking for custody is a much bigger request. A grandparent in that grandmother’s position would have to prove extraordinary circumstances, such as a parent abandoning the child, being unfit to care for him, or leaving him in the grandparent’s home for a long stretch of time.

What to Do When a Custody Order Is Violated on Staten Island

When the other parent ignores a custody order, it can feel as though the court’s ruling means nothing and you have no way to protect your time with your child. Our attorneys at Stephen Bilkis & Associates act quickly to hold the other parent accountable. We help you build a clear record of each violation, including dates, times, and witnesses, and then file a violation petition, typically in Richmond County Family Court or the court that issued the order.

Frequent violations include refusing to turn the child over for scheduled parenting time, keeping the child past the agreed return time, and making major decisions without consulting a parent who shares legal custody. The court may respond by ordering make-up time, modifying custody, or holding the violating parent in contempt. Repeated interference can also damage that parent’s position in any future custody proceeding.

Staten Island parents also frequently ask us how child support relates to custody. The two are separate issues, so a parent generally cannot be denied parenting time for being behind on support, and a parent who is being denied parenting time generally cannot stop paying support. If either problem comes up, the right step is to ask Richmond County Family Court for help rather than taking matters into your own hands.

Request a Free, No-Obligation Consultation with Stephen Bilkis & Associates

If you are a Staten Island parent involved in a custody dispute, or you need to modify or enforce an existing order, contact the experienced child custody attorneys serving Staten Island at Stephen Bilkis & Associates today for a free consultation at 800.696.9529. Tell us about your situation, whether you have a custody order or an upcoming court date, and what you want for your child’s future. We will discuss your situation and identify the next steps that may be available. Early action matters, because the longer a child lives under a particular arrangement, the more reluctant a court may be to change it.

Families who turn to our firm benefit from an approach that has earned Stephen Bilkis the respect of his peers across New York. Among his honors is selection to the New York Super Lawyers list, which recognizes the top 5% of attorneys in the state. He is also rated Excellent by Avvo and has been recognized as a Top-Rated Lawyer by Justia, as well as by Expertise.com and TopLawyer.com.

Stephen Bilkis & Associates helps parents and families throughout Staten Island, from St. George and Port Richmond to Great Kills and Tottenville.