Aggressive and Thorough Representation
in Immigration, Criminal & Family Law

Child Custody

Child custody issues involve long-term and short-term concerns as to which parent or parents the child(ren) will live with. That is, one parent may obtain temporary child custody until the long-term decision can be made or may obtain emergency child custody because of the child being in dangerous circumstances.

Short-Term Initial Child Custody Orders

If the parties can agree on physical custody of the children at least for the short term, the parties may be able to stipulate to temporary orders. However, the parties may also dispute who has physical custody of the children during the pendency of a divorce.

There are several factors the court will consider when deciding which parent should be awarded physical custody of children and how visitation scheduling time should be arranged. A few of these include:

  • Which parent has been the historical primary caretaker of the child.
  • Which parent is most likely going to be more available to attend to the child.
  • Whether either parent is impaired by drug abuse, alcohol abuse, or some other factor.
  • The nature of the relative emotional bond between parent and child.
  • Which parent is more likely to be reasonable and accommodating in sharing time with the other parent.

The dispute over which parent will be awarded physical custody of the children can be very intense. Often fathers find themselves at a disadvantage, just because they may have been the primary breadwinner. This does not have to be so. Society and science now recognizes the importance of a father’s positive influence in the children’s lives. Fathers often deserve to play an equal role in their child’s life, so the father must ask for some level of physical custody and be prepared to demonstrate that it will be in the best interests of the child to live with that parent. Kim Trupiano represents fathers and mothers in seeking physical custody, whether it is sole physical custody or joint physical custody.

Prepare a Custody Plan

Kim Trupiano represents her clients in preparing a custody plan as part of the motion for physical custody. A good custody plan will show that the parent petitioning for physical custody has though ahead and can show he or she is prepared to be responsible for taking care of his or her child. The custody plan should contain sleeping arrangements, a pick-up and drop-off schedule for school, the time with the former spouse, participation with any extracurricular events, documentation of financial stability, and any other relevant information that will contribute to showing support of the child’s well-being.

A good custody plan will also show that the petitioning parent knows the details of his or her child’s life. To prove that her client’s child plays a prominent role in her client’s life, family law attorney Kim Trupiano will include in the custody plan specific details about the child’s life. This information will include things like the child’s teachers, doctor(s), favorite activities, habits, good friends, etc.

Because fathers, as often the primary breadwinners, spend less time with the children, attorney Kim Trupiano encourages the fathers to play a very active role in the children’s lives, such as helping with homework after work, attending extracurricular activities, transporting the children to activities or arranging (separately from the other spouse doing it) for transportation of the children to their activities, attending parent-teacher conferences, preparing meals, playing games, reading with the children, etc. The parent seeking physical custody should be prepared to build a case showing he or she takes an active role in the child’s interests and extracurricular activities helps to prove that he or she is a positive, supportive figure for the child. Kim Trupiano works with her client to build evidence of her client’s strong parental role with witnesses and other documentary evidence. This can also include hiring an expert witness, such as a psychologist, to give their professional opinion on what would be best for the child. Either can work to lend credibility to your case.

Why Trupiano Law Is Successful

  • Aggressive — Although attorney Kim Trupiano works to find resolutions where they can be obtained, she prepares for trial, not for settlement. Kim exploits any hole in the other side’s case to gain advantage and maximize the positive outcomes for her clients.
  • Thorough — Kim’s attention to detail is essential to challenging evidence in court proceedings and producing a strong evidentiary case for her client, including strongly-backed and detailed motions for relief. 
  • Compassionate — She eases client concerns by taking the time to explain clients’ rights, explore their options and keep them updated about progress in the case.
  • Creative — Kim does her homework to raise new defense and affirmative relief theories, or to negotiate alternative resolutions and outcomes.

Call Trupiano Law at 801-266-0166 or contact her online.