New York Child Custody Lawyer Ellen B. Holtzman

Known for her expertise in the area of child custody law, Ellen B. Holtzman is a leading New York matrimonial trial attorney. With more than 30 years of matrimonial and family law experience, Ellen represents both men and women in cases of child custody and divorce. Ms. Holtzman has a long-standing record of success in complex — and complicated — divorce and child custody disputes. In fact, several of Ellen Holtzman's child custody trials have become "precedent-setting cases." That means the judges' decisions in her clients' favor are standards to be followed by other judges when they are relevant to their cases in the judicial department. As a result of her record of success in the courts, Ellen B. Holtzman is a sought-after speaker at high-profile conferences focusing on the many complex issues involved in child custody. Recently, she delivered the legal point of view at a major conference at New York University on "the best interest of the child." The best interest of the child is the standard on which New York judges must base their decisions in child custody cases. Ms. Holtzman's presentation to an audience of lawyers, judges, their law clerks, psychologists, and psychiatrists addressed the interface among legal, judicial, and psychoanalytic perspectives in child custody issues.

Settling your Child Custody Case Vs. Going to Trial

From your very first meeting with Ellen Holtzman, you realize she is a welcoming and reassuring lawyer and, most importantly, a great listener. She works to understand all of your concerns so she can explain custody and matrimonial law as it applies to your particular situation – and in plain English, not "legalese." Often, after an initial consultation, clients thank her for helping them understand the legal issues involved in their case, and for the reassurance the consult has given them. Her clients know that Ellen and her team will do everything in their power to make each client's experience as stress-free as possible. Ellen's profound understanding of family law, the strength of her negotiating skills, and her extensive experience inside and outside of the courtroom enable her to assess each case and negotiate favorable settlements for well over 98 percent of the firm's clients. But once in a while, a case cannot be settled. When that happens, Ellen is always prepared to go to trial to protect your interests. She says, "Almost always, negotiating a settlement is the better way to resolve child custody disputes. As opposed to settling your case, going to trial is not only more costly, it also can greatly exacerbate the anger and acrimony. The repercussions of a child custody trial can be long lasting and painful for everyone involved. And remember, in the courtroom, it will be a judge making the decisions about your future — and your children's futures. The judge's decision, for better or worse, will have a major impact on your children's lives." For these reasons, most of Ellen's clients, after consulting with her about child custody in New York and gaining a clear understanding of their options, see the rationale of trying to settle their case without going to trial. If it's appropriate, Ellen never gives up on negotiating on your behalf. Even when a trial has been scheduled, Ellen is often able to settle the case on the first day, or sometimes in the middle of a trial. Certain cases, of course, such as domestic violence and significant substance abuse, for example, do not lend themselves to negotiation. But wherever it is advisable and appropriate, her goal is to resolve your case without a trial so you can move on with your life. Once in a while, however, a case that starts out as what could be described as a "friendly" divorce can and does wind up in court for some unexpected reason. So, if you are looking for a family law attorney, be sure to protect your interests. Before retaining any child custody or divorce lawyer, ask them how many child custody cases they have successfully tried to a verdict. Because if your case should happen to blow up for any reason, you do not want to go to trial with a lawyer who is not an experienced family law trial attorney. Ellen B. Holtzman has extensive trial experience in both the Family and Supreme courts. In her 40 years of experience, she has successfully tried numerous divorce and family law cases to verdict in the courts of the State of New York. Many of these court cases involved child custody.

Legal Child Custody in New York

There are two categories of child custody – legal custody and physical custody. Under New York State law, the person who has legal custody has the responsibility and right to make the important decisions about the child's care, upbringing, and education. Examples of legal custody decisions include the child's education, medical care, and religious upbringing. If your case is being decided in court, the judge may grant sole legal custody to one parent or joint legal custody to both parents. New York family law requires the court's decision to be based on the best interest of the child. When legal custody is to be shared, whether as a result of a judge's decision or the parents' decision to settle outside of court, the attorneys of the Law Office of Ellen B. Holtzman build a process into each custody agreement that will provide the parents with a mechanism for resolving any issues on which they might not agree. The agreement will address issues such as which parent (or both) will consult with school personnel should there be a problem at school and each parent's right to a second expert opinion should a medical question arise. If a disagreement does arise on any legal custody issue, Ellen and her team follow the "professional model," with a carefully spelled out, very specific step-by-step method of resolving the disputed issue that includes time limits. For example, after notification of an issue, if the other party does not respond within a specific time limit, they waive their rights to approve or disapprove on that issue. When the parties have joint legal custody, they sometimes agree to having "spheres" of decision making, whereby the major issues are divided between the parties. For example, the mother may be responsible for decisions regarding medical care and the father may be responsible for decisions regarding education. Ellen says, "Some of our agreements with respect to physical and legal child custody can exceed 50 pages, but our goal is always to anticipate as many issues as possible so whatever the issue is, it can be resolved by the parents following the terms that are in their agreement. However, if the parents are really unable to agree, the issue can be submitted to the court for determination by the judge.

Physical Custody in New York

Physical custody deals with where the child will live. The parent with whom the child is residing at any given time has the right to make the day-to-day decisions about the child's activities and well-being. When the parents agree to settle out of court, they can negotiate physical custody in many combinations or permutations. It may be joint, meaning the parties will share physical custody, be it alternating weeks, dividing weeks, or some other physical arrangement that works for this particular family. Depending on their circumstances, they might agree on sharing 50-50, or 60-40, or whatever works best for them. They might also agree on one parent having primary physical custody, with the other parent having parental access. Physical access (sometimes referred to as "visitation") should be tailored to fit each situation. "For example," says Ellen, "in cases where one or both parents are police officers, doctors, or nurses, their schedule is often rotating. So an alternate weekend schedule will not work for them. We develop a schedule that is designed to work around the parents' work schedules. Similarly, when one parent has a problem, such as drug addiction, access may need to be supervised in order to protect the child." Ellen stresses that if the parents cannot negotiate custody, and if the case goes to trial, the judge could award joint custody, a recent trend. Or one parent may be awarded primary physical custody, and the other will be granted appropriate access. She says, "The degree of access is going to be granted in accordance with the circumstances, as the judge sees those circumstances."

A Powerful Advocate in Custody Cases

Ellen's clients attest to her integrity, her ability, and her experience. She is a powerful advocate on the thorny issues of child custody and she is known and respected as a leader in this area of law. As one father recently said, "I felt like I was always Ellen's top priority. She knew what I would need to take care of the girls, and she created the best scenario for us. Just walking through the courthouse with Ellen, I could see how well liked and respected she is, and I felt like a million dollars. Ultimately, I got full legal and physical custody." In a Google review, another wrote, "In addition to her deep professional expertise and years of experience in this area of the law, Ellen at all times displayed the highest ethical standards, and I felt entirely confident that my priorities and personal values were being faithfully reflected in the conduct of the case. I unequivocally recommend Ellen and her great staff to anyone who has the misfortune to find themselves in a similar position. Thank you Ellen!" If you have questions or concerns about the custody of your child or children, get the answers you need to know for your particular situation. Call the Law Office of Ellen B. Holzman at 845-627-0127.