For New York, child custody is determined by what's in the best interests of the children. This is a factor in deciding where the children will live and their visitation rights.
The court also takes into account the child's wishes however, they child custody attorney will not put too much value on them. Parents are known for manipulating their children using parental alienation or other methods.
Joint physical custody
The children are usually living in the same household with their parents, sharing physical custody. This can be anything from a very structured plan which sees children living at the same time with both parents for similar amounts of time to one that allows parents to switch the duration of their stay for weeks or months. It is crucial that parents participate as fully as they are able to be in their children's life, regardless of how it is planned.
The practice has grown more popular, partly due to studies that show both parents should be involved in their kids' lives. It is however only a viable option if parents cooperate the other, and reside close to one the other. If parents reside far away, it's more straightforward to give one parent sole parental rights and allow them to be the sole decision-maker for all children.
Being involved with both parents in the lives of their children is essential, however it can be challenging to establish a fair timetable for parenting that is suitable for all. Families need to communicate clearly and truthfully about the timetables they've set and strive to come up with a plan on their kids' schedules. If necessary, a family law attorney will assist parents in establishing their schedule.
A lot of states have laws that prioritize shared physical custody. This cannot be the case for all families. Parents may be unable to cooperate with each other, or there is a history of abuse, domestic violence or kidnapping. Parents who are unable to meet on a parenting plan are advised to seek advice from the family court judge or mediator.
While some judges will not award joint physical custody the possibility exists that parents can convince the court that this arrangement is in the best interest of their child's interests. An experienced lawyer can assist parents create a parenting plan that addresses the issues in their situation and then present it to the court. Parents may be asked to prove their capability to provide care for their children. This may include the medical record or income statement.
Physical custody solely
Sole custody is an arrangement where one parent has only physical and legal rights for a child. It's rare for a court to grant sole custody since most would prefer a joint legal and physical custody. It is typical for courts to award sole custody when one parent is judged to not be able to make decisions for the child, or if there is any evidence of abuse. The sole custody ruling doesn't take the other parent completely out of the child's lives in the sense that they retain visiting rights.
Most of the time, when the court decides to grant sole physical custody to a parent, it will specify within the custody orders that there will be a time-sharing plan. This could include an alternate weekends, or an every other week schedule, or it can consist of midweek visits, sleepovers, or sleepovers. Noncustodial parents may be allowed access to medical and school documents.
In the event of a divorce, parents should try to find their own consensus about custody prior the time they go to the court. It can ensure every aspect is resolved in a fair and impartial method and can lessen the emotional distress that may be due to a custody conflict.
Whether the parents decide to settle their custody disagreement independently or rely on mediators, they need to be ready to talk about all aspects of the situation. Then, they can come up with an appropriate parenting plan that is suitable for their children and family members. of the child.
It is important that both parents understand that the best interests of a child should always be the top priority of the judge. Thus, it's not uncommon for courts to change the original arrangement of custody if the parents think it is in the best interest of the child.
The needs of a child and their growth will often change the custody arrangements. For example, a child's interests could change in the teen years, this could result in a need for a change to the arrangement for custody. Similarly, if one parent decides to move to a different nation or state, it will need to be reflected in the custody arrangements.
Physical custody shared by the Shared
The parents in a shared custody arrangement share the physical custody of children, meaning that each parent has frequent and continuing contact with the child or children. It could be as simple as overnight visits, also called parenting time. Parents might have a specific schedule, such as splitting the week and alternating weekends as well as a 3-1-4-2 plan. Children will be living at the two homes and spend time with both parents during this time.
In divorce, there is often the division of physical custody between parents, particularly those who live together. The research has repeatedly shown that children who spend a lot of time with their parents post divorce have a better chance of succeeding.
In most cases, parents have major discussions about their children together like medical, educational, religious convictions, as well as the emotional development of their child. They will also share the responsibility of the daily routine and care of the children. Parents who want to create a joint custody agreement often employ a professional mediator. They can work with a mediator to reach a compromise, and develop an arrangement for parenting that is in their best interests.
The majority of times the court grants one parent custody of the child and allows the other to have time to visit, also referred to as "parenting period". The noncustodial parent is able to maintain a relationship with their child. It is as is an explicit policy of numerous states. The noncustodial parent will typically have more time with the children during holidays, summer breaks, school vacations and other holidays.
It isn't always possible to give both parents joint custody. Although parents may want equal time and equal time with their children, it's crucial to realize that courts only award 50-50 splits of the lives of children if there has been a high amount of cohabitation and cooperation between the parents. If parents are only seeking 50-50 joint physical custody to lower their obligations to support their children, they should reconsider their approach.
Regardless of the custody arrangements regardless of custody arrangements speak with an experienced attorney. Custody laws, especially regarding child support calculations and requirements, vary widely from state to state.
Visitation rights
An order for child custody typically states that one parent is the only person with sole physical custody and both parents are allowed to visit. But, there is several different physical custody arrangements that couples could choose. Some parents opt to distribute their time among themselves, and have the children living in each parent's house for a minimum of four nights out of a week. Certain couples might choose to split their time for weeks or even months. Courts are able to work out a solution that works for both the family and the child, taking the desires of parents in consideration. In order to help decide custody, the court could engage a professional to sit down with parents, children, and the other individuals involved.
The courts don't prefer one gender over another, it is not uncommon for judges to be biased when it comes to these kinds of cases. Parents must be careful to stay clear of all negative words and actions within these instances, and work with an experienced family law lawyer to advocate on their behalf.
The court can only allow visits with supervision if a parent is dangerous to their child. In the event of suspicion of neglect, abuse or issues with addiction that place the child at risk, the court can only give controlled visits. It is not likely that the court will refuse visitation.
If the court orders a custody or visitation schedule and both parents are entitled to the option of appealing in case they're unhappy with the result. The process of appealing is complicated, and it is often recommended to get the help from a seasoned lawyer for family law. A New York City child custody attorney can explain the details of the process and assist clients prepare a convincing case for their desired arrangement. Contact our office today for a free consultation on your situation. Our firm serves clients in the New York metropolitan area, that includes Manhattan, Brooklyn and Queens. We represent clients experiencing divorce problems, child support or custody issues. Also, we deal with cases involving the rights of third party visitation.