For New York, child custody is determined according to what's in the best interest of children. The custody arrangements include decisions regarding where children will reside and their rights of visitation.
The child's wish is considered by the court, but it won't necessarily have much influence. The reason for this is that parents are known to manipulate their children via parental alienation and other means.
Joint physical custody
When joint custody arrangements are in place the children are housed alongside both parents at regularly scheduled intervals. It can range from an extremely structured schedule, which sees children living in the same household for equal durations to one in which the parents switch the duration of their stay for weeks or months. It is important that parents are involved as much as they are able to be in their children's life regardless of the way it is arranged.
This kind of arrangement is becoming more and more popular, largely because research shows that children perform better in the presence of both parents within their own lives. It's only feasible for parents who are able to work together and live close by each the other. If parents reside far from each other, it could be more straightforward to give only one parent the exclusive physical parental rights and allow them to take decisions on behalf of each child.
Being involved with both parents in the child's life is essential, however it's difficult to establish a fair scheduling of parenting time that is acceptable for everyone. Parents must be honest and truthful with one another regarding their timetables, and work to reach an agreement that's best for the children. A family lawyer may assist parents in setting a schedule if needed.
Some states have laws that prioritize shared physical custody. However, this cannot be the case for all families. Parents who aren't cooperating and collaborating with each other, or there may be a history of abuse, child abduction or domestic violence. If the parents are unable to come to a consensus on custody issues, they can consult the mediator or judge in family court.
While some judges will not award joint physical custody however, it's possible the parents convince the court the arrangement is in their child's best interests. A competent lawyer will help parents come up with a parenting strategy which addresses the problems in their situation and then present it to the judge. In certain cases, parents might be required to provide the evidence they have to prove that they are capable of taking care of the children, such as the medical record and income statement.
Sole physical custody
The term "sole custody" refers to when one parent holds the legal and physical rights for a child. It is not a common occurrence as most courts would prefer to give both physical and legal custody to each parent. The courts typically only award sole custody when the parent who is awarded sole custody is found to be unfit to be able to decide for the child or when there is evidence of abuse. A sole custody order does not cut out the other parent from the lives of their child, however, they do possess the right to a visitation.
If a judge grants sole physical custody to one parent, they typically stipulate a time-sharing schedule within their custody orders. It could consist that alternates weekends, or every other weekend or sleepovers during the middle of the week. Parents who are not custodial may have access to the child's educational and medical information.
The most effective option to parents involved in divorce situation is to try to negotiate the custody arrangement on their own prior to involving the judge. It will guarantee that all issues are addressed on a level playing field and in a fair approach, and will reduce the stress due to contesting custody.
The parents can choose to settle their custody disagreement through their own efforts or rely on mediators, they need to be ready to talk about all the details surrounding their circumstances. This will allow them to come to a plan of custody that works for their entire family, in addition to meeting requirements of the child.
Both parents should understand that the best interests of the child will always be child custody lawyer near me of paramount importance to a judge. It is therefore not unusual for a court to change the custody agreement if it feels that doing so will be within the best interest of the child.
In many cases the child custody arrangement can be amended as the child grows and changes in need. When a child reaches adolescence, their interests may shift which requires a fresh custody arrangement. Also, in the event that parents move to another state or country, that is required to be included in the custody arrangements.
Shared physical custody
The parents in the shared custody arrangement have physical custody over their children. It means that every parent maintains regular and continuous contact with the child children. The contact can include overnight time, also referred to as parenting time. Parents could set a plan for their children, which could include a split week using alternate weekends or even a 3-4-2 system. The children live in both homes and can be accessed by each parent.
Joint custody of children is an occurrence that occurs as a result of divorce, especially those parents who are close to one another. Studies have consistently demonstrated that children who spend a lot of time with their parents post divorce, do better.
Most of the time, parents decide together about major questions involving their children, which include health care, education, religion and the development of their emotional. Parents will share responsibility to look after and manage the daily schedule of their children. A trained mediator is often used by parents who wish to create a joint custody arrangement. The mediator helps parents find ways to compromise and develop plans for their children that are optimal for their entire family.
Most often courts award one parent the right to physical custody. It also allows the other to have the right to visitation, also called "parenting period". Numerous states have set up an option for parents who are not custodial to have contact with their children. When school is out, during holidays and vacations during summer, parents who are not custodial spend more time playing with children.
While most parents want for joint custody of their children However, it's not often feasible. Important to note that even if the parents desire equal parenting time, the courts will give a 50-50 split of their children's lives when the parents are able to maintain a certain levels of cohabitation and collaboration. Parents who only want 50-50 joint custody of their children because they are looking to lessen their child support obligation should rethink their strategy.
It is vital to consult an attorney with experience with custody matters. The law governing custody particularly the calculation for child support differ greatly from state to the next.
Visitation rights
Most of the time child custody orders will stipulate that a parent will hold sole physical custody whereas another will be granted the right to visit. But, there is various custody arrangements which a couple could use. Many parents opt to divide time equally among them while the child is at both houses for a period of at least four of the seven nights. Couples may decide to split their time for weeks or perhaps even months. The courts will try to come up with an arrangement that is beneficial to both the parents and children, while taking wishes of the parents in consideration. The court could employ a professional to sit with the parents, child and any other pertinent people to help make this determination.
While the courts do not favor any gender in such cases Judges are known to be biased. When faced with these kinds of situations parents must avoid any form of negative language or actions. It is also possible to work with a family lawyer who is skilled in this field to advocate for them.
If the parent presents danger to the child, the judge may give only visits with supervision. This can happen if there is a concern about the abuse or neglect of a child, or if the parent suffers from addiction that can put the child at risk. A court may not denial visitation.
The parents are able to appeal the decisions of the judge if the timetable for custody or visits are not in accordance with the court's requirements. This process can be complicated, and it is often required to consult the assistance of a skilled family law attorney. The child custody lawyer can help clients to understand the appeals process in detail and prepare for an outcome that is successful. Get in touch with us today to schedule free consultation. The firm represents clients throughout the New York metropolitan area, which includes Manhattan, Brooklyn and Queens. Our firm helps clients who face concerns related to divorce, child support, as well as child custody. Additionally, we handle cases that involve visits by third parties.