Child Custody & Visitation

The issues surrounding custody of children under 18 are difficult and emotional. They are of utmost importance to parents and to the court. The Supreme Court may hear and determine these cases in the context of an Action for Divorce or Separation. The Family Court may also decide these issues. We are ready to assist those needing a child custody attorney near Albany, NY or elsewhere in the Capital Region. We offer experience, individualized advice, and compassion as we help you resolve these issues. Our experienced and compassionate attorneys have handled hundreds of cases involving complex custody, visitation and support issues throughout New York State.  January 2018 marked an expansion to our renowned Divorce/Family/Matrimonial practice with Florence Richardson joining the firm as Of Counsel.  Bringing decades of experience focusing exclusively in family law matters, Flo joins attorneys Will Berglund and Kelly Mikullitz to create one of the most dynamic family law practices in the state. 

More Information on Child Custody Cases

If the parents are not able to resolve issues relating to custody, the Court will intervene and determine both the legal and physical custody. Legal custody dictates who has the right to make decisions that affect the child. Physical custody is the schedule of when each parent has a child in his or her care. Both of these forms of custody can be joint. Parents can share decision making abilities and time with a child equally. In many cases, a couple will share legal custody of their children, and one parent will be the primary physical custodian.   The Court will decide what custodial arrangement is in the best interests of the child. The health, welfare and safety of the child are of paramount importance. 

Some factors that the Court Will Consider in Assigning Child Custody:

  • How each parent has handled responsibility for the child historically.
  • A parent’s individual lifestyle.
  • The mental health of each parent.
  • Abuse or neglect that may have taken place.
  • If a parent suffers from a harmful addiction.
  • How well a parent meets the physical and emotional needs of a child.
  • The quality of the parent-child relationships.
  • The preference of the child, if he or she is of a suitable age and maturity level.

Locations We Serve

Our Divorce and Family lawyers work throughout the capital region and upstate New York to help individuals and families navigate complex legal cases. With offices in Albany and Saratoga Springs, our location allows our attorneys easy access to all areas of the state.

Our Divorce and Family practice serves several counties throughout upstate New York including Albany, Columbia, Clinton, Delaware, Essex, Fulton, Greene, Madison, Montgomery, Otsego, Saratoga, Schenectady, Schoharie, Rensselaer, Ulster, Warren and Washington counties. Our Divorce and Family attorneys can help you navigate these often stressful and emotional issues.

To learn more about our legal services in your area, visit our location page.


I was going through a divorce Kelly, Jess and everyone at this firm was more then helpful. All were compassionate, caring and always there to answer questions. I will never be able to thank this firm enough. I highly recommended them

Karen Google Review

Florence Richardson is compassionate, supremely intelligent and a beautifully composed lawyer. She took care of my case in a professional and extremely favorable manner. I’m forever grateful for her expertise and kindness.

NormaJoy L. Google Review

My family was fortunate to be referred to O’Connell & Aronowitz for legal matters. They were helpful, friendly, and professional. They are a cut above the rest and a pleasure to deal with in every sense.

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