Child Custody and Parenting Time in Westchester County
Gregory Salant represents parents in contested custody and parenting-time cases in Westchester County Family Court and in Supreme Court divorce actions. He also has extensive experience as an Attorney for the Child. Representing children in custody proceedings has given him a practical understanding of how children experience these disputes, and of the information courts consider in deciding what serves a child's best interests. He brings that perspective to his representation of parents.
Situations Gregory handles
The other parent has filed a custody or visitation petition.
A parent wants to relocate with the children.
A parenting schedule is not being followed.
Allegations of alienation, substance use, mental health issues or domestic violence have been raised, by either parent.
A CPS report has been made while a custody case is pending.
First steps
Keep every petition, order and summons. Keep a factual record of the schedule and important events. Keep the children out of the dispute. Get advice before the first court appearance.
The best-interests standard
New York courts decide custody based on the best interests of the child, considering the totality of the circumstances. Courts commonly look at stability, each parent's past caregiving and ability to meet the child's needs, each parent's willingness to foster the child's relationship with the other parent, any domestic violence (which the court must consider where it is alleged and proven), and the child's wishes, weighed according to age and maturity. No single factor controls, and there is no presumption favoring either parent.
Forensic evaluations
In contested cases, courts often order a forensic evaluation by a mental-health professional. Gregory prepares clients for the process and, where appropriate, scrutinizes the evaluator's methods and conclusions.
Relocation
A parent seeking to move a significant distance with a child generally needs the other parent's consent or court approval. The court considers the child's best interests, including the reasons for the move and its effect on the child's relationship with the other parent.
Enforcement and modification
See Modifications & Enforcement. Common questions are answered in the FAQ.