For New York, child custody is determined by what's in the best interest of children. The decision includes the location what children's homes they live in as well as their visitation rights.
The wishes of the child is likely to be considered by a court, but it won't necessarily have much of an impact. Parents are known to manipulate their children by causing parental disconnection and various other tactics.
Joint physical custody
Kids are often living in the same household with their parents, sharing physical custody. The type of arrangement can range from one that is very well-organized, where kids live with each parent for an equal amount of time. It can also be a situation in which parents are alternated for between weeks, or even months at one duration. Whatever arrangement you choose, it is important that both parents be engaged in their kids' lives to the greatest extent possible.
This arrangement is becoming more common, in part because studies show that parents must be in contact in their kids' lives. This is, however, only viable if parents cooperate the other, and live relatively close to each their respective homes. The easiest option is to allow one parent full parental control over the entire family, especially if parents live located far from each other.
Being involved with both parents in the child's life is essential, however it isn't easy to create a reasonable timetable for parenting that is suitable for everyone. Families should be able to speak openly and candidly about their schedules they have and work to reach an agreement for their children. If required the assistance of a family law lawyer will assist parents in establishing their schedule.
There are many states that have laws which give priority to shared physical custody. This cannot be the case for every family. Certain parents are not able to cooperate in a harmonious way with their children or they may have an underlying history of abuse child abduction or domestic violence. If parents cannot to come to an agreement regarding custody, they must consult a mediator or a judge of the family court.
Although some judges will not decide to grant joint custody to children, parents can convince that this arrangement will be the most beneficial for their kids. A knowledgeable lawyer will assist parents to develop plans for parenting that address the issues in their situation and present it to the judge. In certain cases, parents could be required to present documents that prove they're in a position to take care of their children, such as the medical record and income statement.
The only physical custody
A sole custody arrangement occurs an arrangement where only one parent owns the legal as well as physical rights of a child. It's uncommon for a court to grant sole custody, as most prefer joint physical and legal custody. It is typical for courts to award sole custody only in the event that a parent is found incapable of making decisions behalf of the child, or there is evidence that suggests the child has been abused. A sole custody award doesn't cut the other parent out completely from the child's existence and rights, because they are still entitled to access rights to the child.
If a court gives sole physical custody to a parent, they usually provide a time share schedule in the custody decree. This may be an alternating weekends or every other week schedule, or it can include midweek visits or sleepovers. The noncustodial parent may also be granted access to the child's educational and medical documents.
One of the best options for divorced parents instance is to come up with their own custody agreements prior to getting involved with the judge. It can ensure all matters are handled fairly and impartially manner and will lessen the emotional strain that could be due to a custody conflict.
If the parents choose to solve their custody disagreements on their own, or if they choose to engage mediators to help in the process, it's important that both parties are ready to discuss each aspect. This will help them come the right custody arrangement that works for their family, in addition to meeting requirements of the child.
It is essential for both parents to realize that the best interests of a child should always be the top priority of the judge. So, it's not unusual for a judge to amend the arrangement of custody if the parents consider it to be in the child's best interest.
The needs of a child and their growth can often alter the custody arrangement. For example, a child's needs may shift when they reach adolescence and this may require a completely different custody arrangement. If a parent decides that they want to relocate to a different region or state, then the arrangement for custody will have to be reflected in that.
Shared physical custody
The parents in an arrangement of shared custody share the physical custody of children. It means that every parent has frequent and continuing contact with the child, or children. It could be a nightly time, also known as parental time. Parents can set up a timetable for their kids, which may include a split-week that includes alternate weekends, or the 3-4-2 method. Children will be living at both homes, and will be able to be with each parent for the time.
The divorce process often leads to joint physical custody, especially in cases where the parents reside close together. Studies have consistently demonstrated that children who spend much time with their parents following divorce have a better chance of succeeding.
Most of the time, parents decide on major issues concerning their children together for the child's health, education, religious beliefs, and the emotional growth of the child. Parents will share responsibility to look after and manage the daily schedule of their children. A trained mediator is often used by parents that want to form a joint custody arrangement. This helps the couple find compromise and create a parenting plan that is ideal for their entire family.
Most often courts award one parent physical custody and permits the other parent to enjoy the right to visitation, also called "parenting time". Numerous states have set up an obligation to permit parents who are not custodial to have the closeness of their children. On holidays, school breaks, and summer vacations the parents who are not custodial spend longer together with their kids.
It's not always feasible to grant both parents joint custody. It's crucial to understand that even when parents wish to have equal parenting time, the court will just grant a 50-50 portion of their children's lives when parents can demonstrate a high levels of cohabitation and collaboration. Parents who want only 50-50 joint custody for physical reasons because they wish to reduce their obligation for child support ought to consider a different strategy.
Whatever the custody arrangement, it is essential to get an expert opinion from an attorney. The laws regarding custody, specifically child support, and their calculations are different across states.
Visitation rights
An order for child custody typically states that only one parent holds the sole physical custody of their child, and both parents are allowed to visit. There are however a variety of different physical custody arrangements that a couple can use. One example is that some parents choose to split time equally between each other, with the kids living at each parent's house for a minimum of 4 nights in the week. A couple may opt to alternate for weeks, sometimes even months. The court will try to create a custody arrangement that's best for the child and their family members in addition to taking into account parents' preferences. In order to determine custody, the court could employ a specialist to visit with parents, children, as well as anyone else that are involved.
While the courts do not prefer the gender of a person when it comes to these cases, judges are often biased. In these types of cases parents must avoid any form of negative language and conduct. Parents can also collaborate with a family lawyer who is expert in this area to represent their interests.
If a parent poses an imminent risk for the child, the court could allow only controlled visits. If there is a suspicion of neglect, abuse or substance abuse issues that might expose the child to danger the custody of children court may only grant the child supervised visits. There is a very rare case for the court to decide not to grant visits, but it is possible.
The parents are able to appeal an order of the judge in case the custody schedule or visits does not meet their needs. It is important to consult an attorney that is experienced of family law concerns while navigating the challenging appeals procedure. A New York City child custody attorney can explain the details of the process and assist clients prepare a convincing case to get the desired arrangement. Contact us now for a free consultation. Our clients are located throughout the greater metropolitan area of New York, including Manhattan, Brooklyn, and Queens. We represent clients who are facing divorce issues, child support or custody issues. Also, we deal with cases involving Third-party visitation rights.