The state of New York, child custody is determined according to what's in the best interest of children. These custody of child include decisions about where the children will live and their visitation rights.
The wishes of the child will be considered by the court, but it won't likely have much effect. The reason for this is that parents can be known for manipulating their children with parental alienation and various other tactics.
Joint physical custody
Children live alongside their parents and are in joint physical custody. It can be an extremely structured plan where children stay with both parent for the same amount duration, or that has parents who alternate for days or months at each time. However, regardless of the arrangement is employed in the end, it's crucial that both parents be engaged in their kids' lives in the most effective way.
This kind of arrangement is becoming ever more common, largely because research shows that children perform better with both parents involved within their own lives. It is however only a viable option if parents can work with the other, and are close to each the other. It may be simpler to give one parent physical custody of the entire family, especially if parents live distant.
Engaging both parents in their child's development is important, but it can be challenging creating a fair parenting time schedule that works for all. Families need to communicate clearly and honestly about the schedules they are given and try to come up with a plan on their kids' schedules. If necessary legal counsel, a family lawyer can help parents work out their schedule.
The laws regarding child custody of various states allow for shared physical custody. However, this is not always practical for families. Certain parents are not able to cooperate well with each other or they may have an underlying history of abuse child abduction or domestic violence. If the parents are unable to agree on custody, they must consult an attorney or mediator in family court.
While some judges may not decide to grant joint custody to children, parents can convince that this arrangement will be the most beneficial for their kids. A skilled lawyer can help parents come up with a parenting strategy that will address the specific issues of their situation and then present it to the court. In some instances, parents might be required to provide evidence that they are competent to care for their kids, including the medical record and income statement.
Sole physical custody
The term "sole custody" refers to where one parent is the sole owner of legal and physical rights for a child. It's rare for a court to award sole custody, as most people prefer joint physical and legally custody. Courts typically award sole custody when one parent has been deemed incapable of making decisions behalf of their child, or there are indications that the child has been abused. A sole custody decision doesn't exclude any other parent from the care of their child However, they have the right to visitation.
If, in the majority of cases, the court awards sole physical custody to one parent, they will include within the custody orders that there will be a time-sharing plan. It could consist of alternate weekends, alternate weekend, or midweek sleepovers. A parent who is not the custodial parent could receive access to the child's education and medical data.
A good option for parents in a divorce scenario is to reach their own custody agreement before involving the judge. It can ensure the case is dealt with without bias and in a fair approach and help reduce the amount of emotional strain that could be created by custody disputes.
If the parents opt to settle the custody battle independently or through the assistance of an mediator, they must be prepared to go over all aspects of the issue. It will assist them in coming an arrangement which is beneficial to their family members, as well as meeting demands of their child.
Parents should be aware that the best interest of the child should always be paramount to the judge. It is therefore not unusual for a court to change the custody agreement when they believe that it will be beneficial to the child.
In many cases it is the case that a custody agreement for children is modified when the child matures and shifts in need. In particular, the child's needs may shift at the time they are entering adolescence and this may require a completely different arrangement for custody. If parents decide to move to a different state or country then the custody arrangement will have to be reflected in that.
Shared physical custody
In a shared-custody agreement, parents share the physical custody with their children. That means both parents have frequent and continuous contact with their child. This contact may include night visits or parenting time. Parents may establish a routine for their children, which may include a split-week using alternate weekends or even three-four-2 systems. The children will live at the two homes and be with each parent for the time.
Joint custody of children is often a result from divorce, and is especially common when parents are close to each other. The research has repeatedly shown that children who have spent lots of times with their parents in the aftermath of divorce have a better chance of succeeding.
In most cases, parents decide on major issues concerning their children jointly for healthcare, education, religion beliefs, and the emotional growth of the child. The parents will then take on the daily routine and care of their children. Parents looking to form jointly-custodial agreements often collaborate with a mediator who is trained. It helps them find the right balance and come up with plans for their children that are in the best interest of their family.
Most of the time, the judge will grant one parent primary physical custody while allowing the other parent visits, which is typically referred to as time for parenting. The noncustodial parent is able to continue to have a relationship with the child, which is the explicit rule of several states. In the time of school holidays, holidays or summer vacations noncustodial parents will spend longer with their children.
It's often not feasible to award both parents equal custody. It's important to keep in mind that even if the parents are seeking equal parenting time, a court can just grant a 50-50 portion of their children's life if the parents are able to maintain a certain levels of cohabitation and collaboration. If parents seek only 50-50 joint physical custody to lessen their obligation to pay child support and reduce their child support obligations, they must think about changing their strategy.
It is crucial that you seek out the counsel of an attorney who has experience in issues involving custody. The law governing custody as well as the specific calculations of child support vary greatly from one state to the next.
Visitation rights
In the majority of cases the court order for child custody will specify that a parent will hold sole physical custody whereas both parents will enjoy visitation rights. There are various ways to divide custody of physical children that couples can choose from. One example is that some parents decide to divide their time between each other, with the children living in each parent's house for a minimum of 4 nights in the week. A couple may opt to split their time for weeks or perhaps even months. The courts will try to come up with an option that benefits both the parents and children, while taking desires of parents into consideration. The court may hire a professional to meet with parents, children and others to aid in making this determination.
The courts don't prefer one gender over another, it is not uncommon for judges to show bias when it comes to these kinds of cases. When faced with these kinds of situations parents must be careful not to use any type of negative language and conduct. Parents can also collaborate with the services of a family lawyer adept in this particular area in order to help them.
If the parent presents danger to the child, the court could award only supervised visits. This is the case when there are suspicions of abuse or neglect as well as if the person has addiction problems that could place the child in danger. It is not likely that the court will refuse visits.
The parents are able to appeal the ruling of the judge if the custody schedule or visits does not meet their needs. The appeals process is complex which is why it's often important to get advice of a knowledgeable family law lawyer. An experienced New York City child custody attorney will explain the nuances of this procedure, and also help a client prepare a strong case for their desired arrangement. Contact us now for a no-cost consultation. We provide services to clients in the greater metropolitan area of New York, including Manhattan, Brooklyn, and Queens. The firm assists clients with matters related to divorce child support, and custody. Also, we deal with cases involving third-party visitation rights.