Poughkeepsie Child Custody Lawyer

Fighting for Your Parental Rights and Best Interest of Your Child

At The Law Office of Kelley M. Enderley, PC, we strive to put your children's needs first. Child custody cases can be stressful for both parents and children, and it is our goal to reach a solution that minimizes heartache for everyone involved.

Going through a child custody battle? For legal assistance, contact us for friendly and personal service from a Poughkeepsie child custody lawyer.

Child Custody in New York

In certain situations, litigation is unavoidable, but we know that the happiest and practical child custody arrangements are created by parents, not judges. Our goal is to build on areas of agreement instead of fueling an expensive custody war that is emotionally damaging for children and turns parents into enemies.

Attorney Enderley has experience representing parents in child custody and family law matters across Poughkeepsie and Dutchess County. We strive for out-of-court arrangements and make sure the parenting plans cover all the bases to avoid disputes, including weekends, holidays, overnights, exchanges, communications with the child, access to school records, and joint decision-making.

Knowledgeable and Caring Poughkeepsie Custody Attorney

As an experienced Poughkeepsie child custody attorney, we help clients through any related legal issues. With specialized training to represent children, Attorney Enderley is not afraid to fight for you and the best interests of your child in court. She possesses an extensive knowledge of the legal system and can use her experience to assist you in finding a solution that has everyone's needs and concerns at heart.

Our firm can help with the following visitation and child custody matters:

• Modifications and enforcement of visitation and custody orders
• Guardianship
• Relocation
• Parental Alienation
• Disputes over parental visitation
• Contested custody proceedings
• Negotiation of parenting plans (schedules)
• Paternity Actions

Our firm has successfully represented both men and women seeking full custody or primary physical custody of their children. We have also helped noncustodial parents get more visitation days and increased flexible time with their children.

Violations and Custody/Visitation Orders

Once a court order for custody and visitation has been entered all parties to the agreement are mandated by the Courts to follow those orders. Should one party violate the order, a petition alleging a violation can be brought before the Courts. As part of this Violation Petition the Court has the power to enforce the agreement or make changes to the custody and visitation petition.

For instance, if one parent is continually frustrating another parent’s ability to engage in their parenting time against the terms of an order, a violation petition can be brought. Anytime a violation petition is brought a party should also bring a petition for a Modification of Custody. The Courts have consistently ruled that a parent who interferes with another parent’s access and right to visitation with a child is deemed to not be fit to be the custodial parent. This is true in the most dire of circumstances where changes have been made to the Order to ensure that future violations do not take place in the past or where violations continue despite repeated attempts to rectify the situation through court intervention.

It is always important to remember that a custody order is not a suggestion unless the parties mutually agree to modify the terms of the order and language in the order permits them to do so. Without language in the order that parties may modify the terms of the order by mutual agreement the parties MUST follow the terms that are put forth.

Termination of Parental Rights New York

Termination of parental rights most frequently occurs when an individual loses their child to foster care due to actions of neglect or abuse. Upon a child going into the foster care system, a parent has 15 out of the most recent 22 months to have the child returned to them. At that point, the Department of Social Services (or county equivalent) is mandated under the law to provide “permanency” to the child.

This is accomplished by ensuring a child does not stay in the foster care system indefinitely. Therefore, after 15 out of the most recent 22 months should the child remain in foster care, the Social Services agency is required to file a termination of parental rights petition with the Court.

Related Pages

• Medical technology may change the face of child custody disputes
• What Do I Do If My Child Is Not Returned Pursuant To A Custody/Visitation Order From The Other Parent?
• Guardianship v Child Custody Petition
• Vacation Notice and Custody Orders
• Violations and Custody/Visitation Orders

If you and your spouse are contending for child custody, contact us today to speak with an experienced Poughkeepsie custody attorney today!