Child Custody Lawyer Serving New York, Washington, D.C. & Maryland

Helping Protect Your Relationship With Your Children and Their Best Interests

Few family law disputes are as important or as emotionally difficult as child custody.

Whether you are going through a divorce, separating from your child’s other parent, seeking to modify an existing custody order or facing a high-conflict parenting dispute, the outcome can affect your relationship with your children for years.

At The Law Offices of Jeffrey N. Markowicz, I represent parents in child custody, visitation and parenting time matters throughout New York, Washington, D.C., and Maryland.

I have handled custody and family law cases throughout my career and bring extensive litigation experience to disputes involving parenting rights, decision-making, relocation, domestic violence, custody modifications and other complex family circumstances.

Every family is different. I work directly with my clients to understand their relationship with their children, their concerns about the other parent and the parenting arrangement they believe will best serve their family.

When parents can reach an appropriate agreement, I work toward a practical resolution that reduces conflict and provides greater stability for the children. When agreement is not possible, I am prepared to advocate for my client’s parental rights in court.

Schedule a confidential consultation with me to discuss your child custody matter.

What Is Child Custody?

Child custody generally addresses two fundamental questions:

1. Who makes important decisions for the child?
2. Where does the child live and when does the child spend time with each parent?

Depending on the jurisdiction, these concepts may be described as legal custody, decision-making authority, physical custody, parenting time, visitation or access.

A custody arrangement can affect decisions involving:

• Education
• Medical treatment
• Mental health care
• Religious upbringing
• Extracurricular activities
• Travel
• Where the child lives
• Parenting schedules
• Holidays and vacations
• Communication between parents and children

The terminology and legal standards vary among New York, Washington, D.C. and Maryland, but the child’s best interests are central to custody determinations.

Legal Custody vs. Physical Custody

Understanding the difference between legal and physical custody is important when developing a parenting arrangement.

Legal Custody

Legal custody generally concerns authority to make major decisions regarding a child’s life.

Those decisions may involve:

• School and education
• Medical care
• Mental health treatment
• Religious upbringing
• Other significant matters affecting the child’s welfare

Legal custody may be shared between parents or assigned primarily to one parent, depending on the circumstances and applicable law.

Physical Custody

Physical custody generally concerns where a child lives and how parenting time is divided.

A child may live primarily with one parent while spending scheduled time with the other, or the parents may have a more evenly shared parenting schedule.

The appropriate arrangement depends on the child’s needs and the family’s circumstances.

Joint Custody

Joint custody does not necessarily mean that a child spends exactly half of the time with each parent.

Parents may share decision-making authority while having different amounts of parenting time.

A workable joint custody arrangement often requires parents to communicate about matters such as:

• Medical care
• School decisions
• Extracurricular activities
• Transportation
• Travel
• Schedule changes
• Emergencies

When parents communicate effectively, shared decision-making can give both parents an active role in important aspects of their child’s life.

When communication has significantly broken down, however, disputes over joint decision-making can become difficult.

I help clients evaluate whether a proposed joint custody arrangement is realistic for their particular family.

Sole Custody

In some situations, one parent may seek sole legal custody, primary physical custody or both.

Issues that may contribute to a dispute over sole custody can include:

• Serious communication problems
• Domestic violence
• Child abuse or neglect concerns
• Substance abuse
• Mental health concerns affecting parenting
• Repeated interference with parenting time
• Significant disagreements involving medical or educational decisions
• Geographic distance between the parents
• A parent’s lack of involvement
• Other circumstances affecting the child’s welfare

Sole custody should be based on the child’s and family’s circumstances, not simply parental conflict.

I work with clients to develop evidence and arguments that clearly explain why their requested custody arrangement serves the child’s best interests.

How Courts Decide Child Custody

Courts do not decide custody cases simply by asking which parent wants custody more.

Courts examine the child’s circumstances and consider factors relevant to the child’s best interests.

Depending on the jurisdiction and facts of the case, relevant considerations may include:

• Each parent’s relationship with the child
• Each parent’s prior involvement in raising the child
• The child’s existing living arrangement
• Stability of each parent’s home
• Parenting ability
• The child’s educational and medical needs
• The parents’ work schedules
• Relationships with siblings and other family members
• Each parent’s ability to communicate and cooperate
• Whether a parent supports the child’s relationship with the other parent
• Geographic distance between the parents
• The child’s wishes when appropriate
• Domestic violence, abuse or neglect
• The child’s adjustment to home, school and community

No single factor determines every custody case.

The facts and evidence presented to the court matter.

Child Custody and Divorce

Custody is often one of the most significant issues to resolve during divorce.

Parents may need to determine:

• Where the children will primarily live
• How weekdays and weekends will be divided
• Who makes major decisions
• How holidays will be handled
• How school vacations will be divided
• Transportation responsibilities
• How parents communicate about the children
• Travel arrangements
• Child support

A well-designed parenting arrangement should do more than divide days on a calendar.

It should provide enough clarity to reduce future disputes while allowing children to maintain meaningful relationships with both parents when appropriate.

Learn more about Divorce & Matrimonial Law.

Parenting Time and Visitation

When a child lives primarily with one parent, the other parent may receive parenting time or visitation.

A parenting schedule may address:

• Weekdays
• Weekends
• Overnight visits
• Holidays
• Birthdays
• School breaks
• Summer vacation
• Family events
• Telephone and video communication
• Transportation
• Domestic and international travel

The best schedule depends heavily on the child’s age, school schedule, activities and relationship with each parent.

A schedule that works for a toddler may not make sense for a teenager.

I help parents create parenting arrangements that work in everyday life, not just on paper.

Creating a Parenting Plan

A strong parenting plan can prevent many future disputes.

Depending on the family’s circumstances, a parenting plan may address:

• Regular custody schedules
• Holidays
• Vacations
• School breaks
• Pick-up and drop-off procedures
• Transportation responsibilities
• Education
• Medical care
• Extracurricular activities
• Travel
• Communication with the children
• Communication between parents
• Access to school and medical records
• Procedures for resolving disagreements

Specificity is often valuable.

Parents who clearly establish expectations at the beginning may be less likely to return to court over recurring misunderstandings.

High-Conflict Child Custody Cases

Some custody disputes cannot be resolved through ordinary negotiation.

High-conflict custody cases may involve allegations concerning:

• Domestic violence
• Substance abuse
• Child abuse
• Neglect
• Parental interference
• Refusal to follow court orders
• Serious communication problems
• Relocation
• Mental health issues
• School or medical disagreements
• Attempts to restrict a parent’s relationship with the child

These cases require careful preparation.

I have extensive litigation experience and have represented clients in highly contested custody proceedings.

When a case cannot be resolved through negotiation or mediation, I am prepared to present evidence, examine witnesses and advocate for my client’s position in court.

Domestic Violence and Child Custody

Domestic violence can significantly affect a custody case.

When allegations of abuse are present, courts may need to consider the safety of both the child and the parent.

Depending on the circumstances, a custody matter may involve:

• Protective orders
• Restrictions on contact
• Supervised visitation
• Exchange arrangements
• Temporary custody orders
• Evidence concerning prior incidents
• Safety planning

I have experience handling both child custody and domestic violence matters and understand how these issues can overlap.

If you or your child are in immediate danger, contact emergency services.

Learn more about Domestic Violence.

Child Custody and Relocation

A parent’s decision to move can create one of the most difficult types of custody dispute.

Relocation may involve moving:

• To another city
• To another county
• To another state
• Across the country
• Outside the United States

A move can affect parenting time, transportation, schooling and the child’s relationship with the other parent.

The legal issues become even more complicated when parents live in different jurisdictions.

My experience practicing in New York, Washington, D.C., and Maryland can be especially valuable in custody matters involving families whose lives cross jurisdictional lines.

Before relocating with a child when a custody order or another parent’s rights are involved, you should understand the legal consequences.

Child Custody Between Different States

When parents live in different states, the first issue may be determining which court has authority to decide custody.

Multistate cases can involve questions concerning:

• Where the child has been living
• Existing custody orders
• Prior court proceedings
• Recent relocation
• Emergency circumstances
• Which state should hear the case
• Enforcement of an order from another state

Parents should not assume that moving automatically gives the courts in the new state authority over the custody dispute.

I have represented clients in multijurisdictional family law matters and am licensed in three separate jurisdictions, giving me valuable experience when custody issues extend across state lines.

Custody Modifications

Children grow, families change and parenting arrangements that once worked may no longer be practical.

A parent may seek to modify an existing custody or parenting order because of changes involving:

• A parent’s relocation
• A new work schedule
• Changes in the child’s school
• The child’s changing needs
• A parent’s inability to follow the existing schedule
• Safety concerns
• Changes in parental involvement
• Significant conflict
• Other changed circumstances

Courts generally do not modify custody orders simply because one parent prefers a different arrangement.

The requirements for modifying custody vary by jurisdiction and depend on the circumstances.

I represent parents seeking custody modifications as well as parents opposing requested changes.

Enforcement of Custody and Parenting Time Orders

A custody order is intended to be followed.

Problems can arise when a parent repeatedly:

• Denies scheduled parenting time
• Refuses to return the child
• Ignores holiday schedules
• Makes major decisions in violation of the custody arrangement
• Interferes with communication
• Fails to follow transportation requirements
• Violates other provisions of the order

One isolated misunderstanding may be handled differently from a continuing pattern of noncompliance.

If the other parent is not following an existing order, I can review the circumstances and help determine what legal options may be available.

Emergency Child Custody Matters

Some custody situations require immediate attention.

Possible emergencies may involve allegations of:

• Abuse
• Neglect
• Domestic violence
• Threatened removal of a child
• A parent refusing to return a child
• Serious substance abuse
• Dangerous living conditions
• Other immediate threats to a child’s safety

Emergency custody procedures vary by jurisdiction.

If you believe your child faces an immediate danger, obtaining legal advice promptly can be critical.

Child Custody and Parental Coordination

Parents in high-conflict cases sometimes continue to disagree even after a custody order has been entered.

Disputes may arise over schedules, activities, medical appointments, school decisions and communication.

Parental coordination may provide a structured way to address ongoing disagreements while reducing repeated court involvement when the process is appropriate for the family.

My family law practice includes parental coordination matters.

Learn more about Parental Coordination.

Mediation in Child Custody Cases

Parents do not always need a judge to decide their custody arrangement.

Mediation can help parents identify areas of agreement and develop a parenting arrangement outside of contested litigation.

Potential benefits include:

• Greater control over the outcome
• More flexible parenting arrangements
• Reduced conflict
• Better communication
• Less litigation
• Solutions tailored to the family’s circumstances

Mediation is not appropriate in every case, particularly where serious safety concerns or significant power imbalances exist.

I can help clients evaluate whether negotiation, mediation or litigation is the most appropriate approach.

Learn more about Family Law Mediation.

Child Custody Lawyer in New York

I have been licensed to practice law in New York since 2007 and represent parents in New York custody and visitation matters.

New York distinguishes between legal custody, which concerns important decision-making for a child, and physical custody, which concerns where the child lives.

When parents cannot agree, New York courts determine custody based on the child’s best interests.

Factors considered may include the child’s relationship with each parent, each parent’s parenting abilities, stability, domestic violence, work schedules, relationships with siblings, the child’s wishes when appropriate and each parent’s ability to support the child’s relationship with the other parent.

I represent New York parents in:

• Initial custody cases
• Divorce-related custody matters
• Parenting time disputes
• Custody modifications
• Relocation matters
• Enforcement proceedings
• High-conflict custody cases

New York Office
1 Liberty Street
Suite 2327
New York, NY 10006

917-791-4157

Child Custody Lawyer in Washington, D.C.

I have been licensed in the District of Columbia since 2001 and have extensive experience handling family law matters in Washington.

D.C. custody law distinguishes between legal and physical custody and allows courts to enter sole, joint or other custody arrangements based on the child’s best interests.

D.C. law identifies a number of considerations courts may evaluate, including:

• The child’s relationship with each parent
• The child’s adjustment to home, school and community
• Each parent’s prior involvement
• Parents’ ability to communicate
• Geographic proximity
• Work obligations
• The child’s wishes when appropriate
• Evidence of domestic violence
• Other circumstances affecting the child’s welfare

I represent parents throughout Washington, D.C. in contested and negotiated child custody matters.

Washington, D.C. Office
700 12th Street NW
Suite 700
Washington, D.C. 20005

202-972-2701

Child Custody Lawyer in Maryland

I have been licensed to practice law in Maryland since 1999 and represent parents in custody disputes throughout Maryland.

Maryland distinguishes between legal custody, which involves major decisions concerning a child, and physical custody, which involves where the child lives and how time is divided between parents.

Maryland courts require a parenting plan in cases involving custody of a minor child.

A parenting plan can address matters such as:

• Decision-making authority
• Parenting schedules
• Holidays
• Education
• Healthcare
• Transportation
• Communication
• Other parenting responsibilities

If parents cannot agree on a parenting plan, the court may ultimately need to resolve the custody issues.

I assist Maryland clients in initial custody proceedings, parenting plan disputes, custody modifications, relocation cases and enforcement matters.

Child Custody and Child Support

Custody and child support are related, but they are separate legal issues.

The amount of parenting time a child spends with each parent may affect the financial circumstances considered in a child support matter, but custody should not be treated simply as a way to increase or decrease support.

A custody arrangement should focus first on the child’s needs and best interests.

I represent parents in both custody and child support matters and can help address these issues as part of a comprehensive family law strategy.

Learn more about Child Support.

Preparing for a Child Custody Case

Preparation can make an important difference in a contested custody matter.

Depending on your situation, useful information may include:

• Existing custody orders
• Parenting schedules
• School records
• Medical information
• Communications between parents
• Records of parenting time
• Calendars
• Travel information
• Documentation relating to significant disputes
• Evidence involving safety concerns
• Prior agreements

Keep your communications with the other parent focused on the children whenever possible.

Avoid using children as messengers or placing them in the middle of the dispute.

You should also avoid violating an existing custody order unless an emergency requires immediate action and you have obtained appropriate legal guidance.

Why Choose Me for a Child Custody Matter?

Extensive Family Law Experience

I have handled a wide range of matrimonial and family law matters, including divorce, child custody, child support, domestic violence and adoption.

Licensed in New York, Washington, D.C. and Maryland

I have been licensed in:

• Maryland since 1999
• Washington, D.C. since 2001
• New York since 2007

This multijurisdictional experience is particularly valuable in custody cases involving parents or children with connections to more than one state.

Strong Litigation Background

Custody cases sometimes require a courtroom advocate who is comfortable handling evidence, witnesses and disputed facts.

My broader litigation experience includes civil and criminal matters as well as proceedings in state and federal courts.

I bring that litigation background to highly contested family law matters.

Direct Access to Your Attorney

Custody disputes can change quickly.

You work directly with me and receive legal guidance from the attorney handling your case.

Negotiation When Possible, Litigation When Necessary

Resolving custody disputes through negotiation can often give parents more control and reduce conflict.

But an agreement should not come at the expense of your child’s welfare or your parental rights.

I pursue practical negotiated solutions when appropriate and am prepared to litigate when a reasonable agreement cannot be reached.

Frequently Asked Questions About Child Custody

How does a judge decide who gets custody?

Courts generally focus on the child’s best interests. The specific factors vary by jurisdiction but may include each parent’s relationship with the child, parenting history, stability, ability to meet the child’s needs, cooperation between the parents and any safety concerns.

What is the difference between legal and physical custody?

Legal custody generally refers to authority to make significant decisions for a child. Physical custody generally refers to where the child lives and how parenting time is divided.

Does joint custody mean 50/50 parenting time?

Not necessarily. Parents may share legal custody while having a parenting schedule that does not divide time equally.

Can a father get custody of his child?

Yes. Custody decisions are based on the applicable legal standards and facts of the case rather than automatically favoring a mother or father.

Can a child choose which parent to live with?

A child’s preferences may sometimes be considered depending on the jurisdiction, age, maturity and circumstances, but a child’s preference is not necessarily controlling.

Can custody be changed after a court order is entered?

Potentially. The legal standard varies by jurisdiction, and a parent seeking modification generally must satisfy the requirements for changing an existing custody arrangement.

What if the other parent refuses to follow the custody order?

You may have legal options to enforce the existing order. Keep records of significant violations and speak with a custody attorney before taking actions that could themselves violate the order.

Can I move to another state with my child?

Relocation can raise serious custody and jurisdiction issues. If the other parent has custody or parenting rights, get legal advice before moving in a way that could affect those rights.

Do custody cases have to go to trial?

No. Many parents reach custody agreements through direct negotiation, mediation or other settlement processes. If an agreement is not possible, a court may need to decide the disputed issues.

Does domestic violence affect child custody?

It can. Courts may consider domestic violence and other safety concerns when determining custody and parenting arrangements.

Can grandparents obtain custody or visitation?

In certain circumstances, nonparents may seek custody or visitation, but the legal standards can differ substantially from cases between two parents. These matters require individualized legal analysis.

Do I handle custody cases in New York, Washington, D.C. and Maryland?

Yes. I represent parents in custody and family law matters in all three jurisdictions. I have been licensed in Maryland since 1999, Washington, D.C. since 2001 and New York since 2007.

Speak With Me About Your Child Custody Matter

Your relationship with your children is too important to leave to guesswork.

Whether you are establishing custody for the first time, negotiating a parenting plan, seeking a modification, facing relocation or preparing for a contested custody hearing, understanding your rights early can help you make better decisions.

I represent parents in child custody matters throughout New York, Washington, D.C., and Maryland.

I will work directly with you to understand your family, your concerns and the outcome you are seeking, then develop a strategy focused on protecting your parental rights and your children’s interests.

Schedule a Confidential Consultation

Washington, D.C. & Maryland: 202-972-2701

New York: 917-791-4157

Contact the Law Offices of Jeffrey N. Markowicz today to discuss your child custody and learn more about your legal options.