As any experienced and caring judge or attorney will tell you, there is no more difficult or important case than a child custody and/or parental access case. While the whole concept of child custody and parental access to your children may seem unnatural to some, it is a necessary evil we must live with and determine in every matrimonial case. The concept that a parent can have his/her natural, God given right to raise and care for their children interrupted by a divorce decision may even seem immoral, it is a reality we must live with.
It will be difficult to find a more caring attorney in a custody/parental access case than Philip S. Milone. He was certified by the New York State Supreme Court, Appellate Division to serve as law guardian for children in their parent’s custody battles. He started his career 29 years ago representing parents in custody cases and representing children as their law guardian in their parent’s custody cases. He has lectured to the Queens County Bar Association on child custody and visitation law and to parents who were in the midst of custody cases in a court-mandated custody education course.
While Philip S. Milone is a caring, compassionate father of two, former youth football coach, scout leader and volunteer elementary school teacher of an “Introduction To Law” class for 7th graders, he is also astute when it comes to the law of custody and parental access to children as well as the psychological science of forensic evaluations often ordered by the courts in custody cases. He has and is not intimidated by court appointed psychologists, psychiatrists or social workers who have unfavorable opinions of his client, and has cross-examined them in the past with good results.
Over the last 29 years, Philip S. Milone has obtained very favorable decisions and settlements for his client’s custody and/or parental access cases.
Click here to read a client’s testimonial letter regarding a custody case Philip S. Milone handled for the father. While this particular client happened to be the father, similar results are and have been obtained for mothers. The law does not presume one parent is superior ro the other in a custody case, the perception is that mother’s still get custody of the children more than father’s do. While the percentages may bear out that fact, Mr. Milone has been handling more and more cases where fathers obtain custody and/or joint custody.
Custody determinations are made after examining the “totality of the circumstances”: almost every aspect that seems important can be considered as a factor in determining custody. The specific circumstances that the court must consider specifically are “domestic violence” and which parent will better aid in the child maintaining a meaningful relationship with the other parent. If the court finds that a parent is intentionally attempting to alienate the child(-ren) from the other parent, the court can make a custody determination in favor of the other parent. Likewise, in the event there is “domestic violence” committed by one party against the other, the court must consider this specific factor. Other factors the court can consider are the comparative financial circumstances of the parties (although this factor alone will not weigh the scales in favor of one parent against the other), either party’s use of illegal drugs, depending on the age and maturity of the child, the child’s preference, the willingness to foster a relationship with the other parent, the nature and quality of each parent’s respective home environments, the separation of siblings (generally, courts do not want to separate children), mental illness of a parent, child neglect, stability of the respective parties and their respective homes, who is the primary care giver of the child(-ren), knowingly making false allegations of child abuse or neglect made by one parent against the other, disregard of prior court orders, etc.
Philip S. Milone understands the emotionally charged issues involved in a custody battle and, often, the key to success is to strategize early on in the case with the client. The client is and must be a very active participant in the custody battle. Mr. Milone’s belief is that The bottom line is that mothers and fathers are equally important in their children’s lives and have the equal right to raise their children. No parent should ever be reduced to a “visitor”. Aunts and uncles “visit” children, not fathers or mothers.
Parties meed not be married to one another to obtain orders of custody and parental access orders. Either parent can petition the court for an order of custody or parental access.
