For New York, child custody is determined by what's in the best interest of children. These include decisions about the place where children reside and the right to visit.
The judge will also take in consideration the child's preferences but will not always put much importance on them. Parents are notorious to manipulate their children through the use of parental alienation, or any other method.
Joint physical custody
The children are usually living in the same household with their parents, sharing physical custody. They can have an extremely structured schedule, that children live with both parents for equal lengths of time, to one that allows parents to switch for a period of time or months. However, regardless of the arrangement is employed however, it's important that both parents are engaged in their kids' lives as much as possible.
The arrangement has become more common, in part due to studies that show both parents should be involved in their kids' lives. This is only possible for parents who can cooperate as well as live near to each the other. It may be simpler to grant one parent the physical parental control over the entire family members if they live located far from each other.
It is important that both parents take part in their child's growth, making a parenting plan for all parties to follow may be a challenge. Families must communicate openly and honestly about the schedules they've set and strive to reach an agreement for their children. A family lawyer may assist parents in setting a schedule in the event of need.
A lot of states have laws that make it a priority to share physical custody. This isn't always practical for all families. Certain parents are not able to cooperate effectively with one another or they may have a history of abuse, kidnapping or domestic violence. Parents who have difficulty coming to meet on a parenting plan need to consult the family court judge or mediator.
While some judges may not award joint custody of their children, parents can convince the judge that joint custody is the best option for their children. A competent lawyer will help parents create a parenting plan which addresses the concerns in their particular situation, and submit it to the judge. In some instances, parents might have to show the evidence they have to prove that they are competent to care for their children. Examples include documents from their medical history and financial statements.
Physical custody solely
Sole custody refers to a situation that grants one parent exclusive physical and legal rights over a child. This isn't a frequent occurrence, since most courts prefer to grant shared physical and legal custody to each parent. The courts usually grant sole custody only in the event that a parent is deemed to be incapable of making decisions on behalf of their child, or there are signs that there is evidence of abuse. A sole custody decision doesn't exclude one parent from the care of their child, however, they do enjoy the right of visitation.
If the court grants sole physical custody to one parent, they typically provide a time share schedule in their custody order. This could be a plan of alternate weekends, second weekend, or even sleepovers during the middle of the week. Noncustodial parents may be granted access to the child's school and medical information.
The best option for parents in a divorce situation is to try to come up with the custody arrangement on their own prior to engaging the court. This will ensure that all disputes are resolved on a level playing field and in a fair way, as well as alleviate the emotional turmoil caused by contesting custody.
If the parents opt to solve their custody disagreements by themselves, or if they opt to employ a mediator to help them out, then it is vital that both parents are willing to discuss every aspect. They can then develop a good parenting plan that is suitable for their families and the requirements for their children.
Both parents should understand that the best interests of the child is always paramount for the judge. Therefore, it is not uncommon for a court to amend the custody agreement if both parties feel that the arrangement is in the child's best interest.
In many cases it is the case that a custody agreement for children is modified when the child grows and changes in need. For example, a child's needs may shift when they reach adolescence this could result in a need for a change to the custody arrangement. Similarly, if one parent decides to move to a different state or country, that will need to be reflected in the custody arrangements.
Physical custody shared by the Shared
If a custody arrangement is shared, parents share physical custody with their children. That means parents share frequent and regular contact with each child. It could be as simple as the overnight visit, which is also known as parenting time. Parents may be on a specific schedule, including splitting the week and alternating weekends or doing a 3-1-4-2 arrangement. During this time, the children are in two homes and have access to each parent.
Joint physical custody is often a result of divorce, particularly those parents who are close to one another. The court system has been guided by study that has shown children are better after a divorce when they spend a significant amount of time with each parent.
The majority of parents decide on major issues concerning their children in conjunction like the child's health, education, religious beliefs, and the emotional development of their child. Parents are responsible for their children's care and routines of their kids. A certified mediator can be utilized by parents seeking to create joint custody arrangements. This helps the couple find ways to compromise and develop an arrangement for parenting that is in the best interest of their children.
In many cases, a court will usually award only one parent the sole physical custody while allowing the other parent the right to visit. This is commonly known as parenting time. This allows the noncustodial parent to keep a close relationship with their child. This is this is an explicit requirement of several states. A parent who is not a custodial parent tends to be able to spend more time with kids during summer breaks, school vacations and other holidays.
While most parents want to be granted joint custody but it's not often feasible. While parents might are seeking equal rights however, they must realize that courts not award 50-50 shares of the children's lives if there's a significant degree of cohabitation and cooperation among the parents. If parents are only seeking 50-50 joint physical custody in order to lessen their obligation to pay child support then they need to reconsider their approach.
Regardless of the custody arrangements regardless of custody arrangements get an expert opinion from an attorney. Custody laws, particularly regarding child support calculations and requirements differ in each state.
Visitation rights
The majority of times, a child custody order stipulates the parent who will be given sole physical custody and both parents will enjoy access rights. There are however several different arrangement for physical custody which a couple could use. Parents may decide to split time equally among them with the child living within both households for four out of seven nights. Some couples may choose to switch places for weeks, even for months. The court is expected to find a custody arrangement that's best for children and families, while also taking into consideration parents' wishes. The court can hire a professional to meet with the child's parents as well as other people to aid in making this determination.
Although the court does not have a preference for either gender when it comes to these cases however, judges have been well-known for their biases. Parents must be careful to stay clear of any disrespectful words or behavior within these instances, and work with an experienced family law attorney who can advocate on their behalf.
The court may only approve supervision visits only if the parent poses a threat to their child. This could be the case if there is concern over abuse or neglect, or if the parent suffers from addiction that can expose the child to risk. It is rare for the court to decide not to grant visits, but it is possible.
Each parent can challenge the ruling by the court in the event that the timetable for custody or visitation child custody lawyers isn't satisfactory. It is essential to speak with an attorney with experience in family law while navigating the challenging appeals procedure. The Child Custody Lawyer can assist clients to understand the appeals process fully and ensure the best outcome. Contact us now to set up a time for a discussion about the case you're facing. Our firm serves clients in the New York metropolitan area, which includes Manhattan, Brooklyn and Queens. We represent clients experiencing divorce problems, children support and custody. We also handle cases that concern third party visiting rights.