1. What types of family law cases does Perlmutter Law Firm handle?
Perlmutter Law Firm handles New York family law matters, including custody and visitation, guardianship, adoption, child support, paternity, orders of protection, and abuse and neglect cases. The firm appears in Family Court and in Supreme Court, and Eric Perlmutter also serves as an Attorney for the Child. These issues often overlap — a neglect finding, for example, can affect custody, visitation and guardianship — so the firm builds its strategy with the whole case in view.
2. How does a New York court decide custody, and what factors does it weigh?
New York courts decide custody based on the best interests of the child. Judges consider which parent has been the primary caretaker, each parent's ability to provide a stable home, the child's needs, each parent's willingness to support the child's relationship with the other parent, and any history of domestic violence, abuse or neglect. Depending on age and maturity, the child's wishes may be considered, usually through the Attorney for the Child. School records, medical records and communications between the parents can be important evidence.
3. What's the difference between legal custody and physical custody?
Legal custody is the right to make major decisions about a child's education, health care and religious upbringing. Physical (residential) custody determines where the child primarily lives. A court can award these separately — for example, joint legal custody with primary physical custody to one parent and a parenting-time schedule for the other. Joint legal custody generally requires that the parents can communicate and cooperate.
4. What happens in a child abuse or neglect case, and how does a lawyer help?
In New York City, abuse and neglect cases are brought in Family Court by the Administration for Children's Services (ACS) under Article 10 of the Family Court Act. Early hearings can decide whether a child stays home, goes to a relative or enters foster care, and what visits look like. The court decides whether abuse or neglect occurred using a preponderance-of-the-evidence standard, which is lower than in criminal court. If a child remains in foster care for a long time, a separate proceeding to terminate parental rights can follow. Parents have the right to a lawyer, and having one from the first appearance protects your rights when those early decisions are made.
5. When should a family pursue guardianship instead of custody?
Both custody and guardianship can give a relative or other caregiver legal authority over a child, and neither one terminates parental rights. Guardianship is often used when a parent has died, is unavailable or cannot care for the child, and it gives the guardian broad authority over the child's care, schooling and medical decisions. For a child in foster care, kinship guardianship (KinGAP) may also be an option. Unless the parents consent, a non-parent must first show extraordinary circumstances. The right choice depends on the family's situation and whether a parent may resume care.
6. Can a custody order be changed after it's final?
Yes. A New York custody or visitation order can be modified when there has been a change in circumstances since the order was made and the change in the order is in the child's best interests. Examples include a parent's relocation, a shift in the child's needs, a parent's failure to follow the order, or new safety concerns. A parent who wants to move with a child generally needs the other parent's consent or court approval. Documenting the change and how it affects the child is key.
7. What should a parent do first if they're worried about a child's safety with the other parent?
If a child is in immediate danger, call 911. Otherwise, write down specific incidents — dates, what happened and any witnesses — and keep texts, photos and records. In Family Court, a parent can petition to modify custody and ask for a temporary order, and can also file a family offense petition for an order of protection. Emergency relief requires specific facts showing risk to the child; general worries rarely meet that standard. An attorney can help decide which filing fits.
8. How do abuse or neglect findings affect custody and visitation?
A Family Court finding of abuse or neglect can lead to supervised visitation, suspended visits or a change in custody, and the court will consider it in any later custody case. Separately, when ACS investigates a report, the report may be "indicated" in the State Central Register (SCR), which can affect jobs working with children. A parent can request review of an indicated report, subject to strict deadlines. Because custody and neglect cases are often heard in the same Family Court, early decisions in one can shape the other.
9. What happens at the initial consultation, and what should I bring?
The first meeting covers what has happened, any existing court orders or pending cases, and your goals. Please bring any court papers (petitions, orders, orders of protection), ACS paperwork, relevant texts or emails with the other party, and school or medical records related to the child. The clearer the picture at the start, the more focused the advice.
10. How do contested and uncontested custody cases differ in process and cost?
When the parties agree, the terms can be put in a written stipulation or consent order that the judge approves, often in one or a few court appearances. Contested cases can involve several court dates, court-ordered investigations or a forensic evaluation, and a fact-finding hearing (a trial), and the court typically appoints an Attorney for the Child. Each step adds time and cost, so settlement is worth exploring when it is safe and appropriate. In Family Court, a parent who cannot afford a lawyer may be eligible for assigned counsel.
11. Can grandparents or other relatives seek custody or guardianship?
Yes. In New York, a grandparent or other relative can petition for custody or guardianship, but unless the parents consent, the non-parent must first prove extraordinary circumstances — such as abandonment, persistent neglect, unfitness or an extended disruption of custody. Under Domestic Relations Law §72, a grandparent can show an extended disruption when the child lived with the grandparent, apart from a parent who gave up care, for at least 24 continuous months. Only then does the court decide what is in the child's best interests. Grandparents may also petition for visitation in some situations.
12. How do I contact Perlmutter Law Firm?
Call (718) 558-4263, email ericperlmutter@perlmutterlawfirm.com, or visit perlmutterlawfirm.com. When a child's safety is involved, reach out early — the first court appearances and agency contacts often shape the rest of the case.
13. Where does the firm practice?
Perlmutter Law Firm handles matters throughout New York City — Queens, Brooklyn, Manhattan, the Bronx and Staten Island — and in Nassau and Suffolk Counties, in both Family Court and Supreme Court. Eric Perlmutter appears regularly in Queens Family Court and serves as Co-Chair of the Queens County Bar Association Family Court Committee.
14. How do I schedule a consultation?
Consultations are by appointment, and a consultation fee applies. Call (718) 558-4263 to schedule.
15. What is an order of protection, and how do I get one in Family Court?
An order of protection is a court order that can require someone to stay away from you or your children, stop threatening or harassing you, or leave a shared home. In Family Court, you can file a family offense petition against a current or former spouse, a person you have a child with, a family member, or someone you have had an intimate relationship with. A judge can issue a temporary order the same day, before a full hearing. Violating an order of protection is a crime. Orders of protection can also be issued in Criminal Court when charges are filed.
DISCLAIMER: The information on this page is general information about New York family law and is not legal advice. Every case depends on its own facts. Reading this page or contacting the firm does not create an attorney-client relationship. Attorney Advertising.