In New York, child custody is determined according to what's in the best interest of children. This includes decisions regarding how the children live and their visitation rights.
The child's wish will be considered by court, but it won't always have much influence. Parents are notoriously known to manipulate their children through parental alienation or other methods.
Joint physical custody
When joint custody arrangements are in place where children reside alongside both parents at frequent intervals. This can be anything from an extremely organized schedule which sees children living in the same household for equal lengths of time, to one in which the parents switch for a period of time or months. It is essential that the parents get involved as much as they can with their child's lives, regardless of how it will be arranged.
The arrangement is getting increasing in popularity, in part because of research showing that children do better when both parents are active with their daily lives. This is only possible in the event that both parents are able to work together as well as live near to each with each other. It might be easier to allow one parent full custody of the entire family members if they live separated.
Having both parents active in the lives of their children is important, but it's difficult to establish a fair parenting time schedule that works for all. Parents need to child custody solicitors be open and honest regarding their timetables, and work to come up with a plan which is the best choice for their children. If required the assistance of a family law lawyer can help parents work out the schedule.
Child custody laws in many states give preference to the concept of joint physical custody. But it's not always practical for families. Some parents have trouble cooperating and collaborating with each other, or may have any history of violence, kidnapping or domestic violence. If parents aren't able to come to a consensus on custody, they should consult either a mediator or judge in the family court.
Although some judges will not decide to grant joint custody to children, parents may convince the judge that joint custody is best for them. A knowledgeable lawyer will assist parents in drafting an appropriate parenting plan that addresses the concerns of their case and submit it before the judge. In some instances, parents might have to show proof that they're capable of caring for the kids, including documents from their medical history and financial statements.
Sole physical custody
A sole custody arrangement occurs in which one parent has the legal and physical rights of the child. It is not a common occurrence because most courts tend to award joint legal and physical custody to both parents. Most courts grant sole custody when one parent is deemed to be incompetent to make decisions on behalf of their child or there are indications that an abuse incident may have occurred. But a sole custody decision doesn't eliminate parents who are not in the same household completely out from the child's existence and rights, because they are still entitled to visitation rights.
If the court grants the sole physical custody of a parent, they will usually include a schedule of timesharing in the custody agreement. It could consist of alternate weekends, second weekend, or even midweek sleepovers. The noncustodial parent may also get access to the child's school and medical records.
The most effective option to parents involved in divorce instance is to make their own custody agreement before having to go through the judge. This ensures 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.
Whether the parents decide to resolve their custody disputes through their own efforts or by enlisting the assistance of mediators, they must be ready to talk about every aspect of their situation. It will assist them in coming the right custody arrangement that will work for their family members, in addition to meeting requirements of the child.
It is crucial for both parents to understand the child's interests are always the primary concern of the judge. It is therefore common for courts to modify the initial custody arrangement if the parties believe that it would serve the child's best interest.
Many times an order for child custody can be amended as the child matures and shifts in needs. For example, a child's interests could change as they enter adolescence, which may necessitate a different arrangement regarding custody. Also, in the event that a parent moves to another region or state, that should be taken into consideration in the custody arrangement.
Shared physical custody
In a shared-custody arrangement, parents share the physical custody of their children. This means that each parent has frequent and continuous contact with their child. This contact may include frequent overnight visits. This is often referred to as parenting time. Parents might have some kind of schedule in place, like splitting the weeks and rotating weekends or forming a 3-4-2 arrangement. The children live in both homes as well as have contact with both parent.
In divorce, there is often joint physical custody, especially in situations where parents live closely to each other. Courts have been in the process of implementing research which shows that children fare better in divorce cases if they spend a significant amount of time with both parents.
Typically, the parents will be able to agree on the most important concerns involving children, for example, health care as well as education, religion, and emotional development. Parents are responsible for their children's care and schedule of their children. Parents that want to establish the joint custody arrangement usually collaborate with a mediator who is trained. They can help the parents reach a compromise and create a parenting plan that is in the best interest of their family.
In the majority of cases, the judge will grant one parent primary physical custody and grant the other parent visitation rights, which are often referred to as parenting time. Many states have made it an option for noncustodial parent to enjoy an intimate relationship with their children. Parents who are not custodial will usually be able to spend more time with children during holidays, summer breaks, school vacations and other holidays.
Many parents desire to have joint custody but it's not necessarily feasible. It's important to keep in mind that even when parents desire equal parenting time, the courts will allow a 50-50 share of their child's life when the parents have a good level of cohabitation and cooperation. Parents who are only seeking 50-50 physical joint custody because they would like to cut down on their obligation to support children need to reconsider their plan.
It is essential to seek advice from an attorney experienced in custody issues. The laws governing custody, and in particular the calculations for child support be very different from one state to the next.
Visitation rights
An order for child custody usually states that only one parent has sole physical custody, while one parent has visitation rights. But, there is a variety of different arrangement for physical custody which a couple could use. One example is that some parents prefer to share their time among themselves, and have the kids living at each parents' home for a period of at least four nights per week. A couple may opt to alternate for weeks, perhaps even months. The court will strive to create a custody arrangement that is best for children and families as well as taking into consideration parents' preferences. In order to determine custody, the court can hire a professional who will visit with parents, children, and anyone else involved.
Though the court may not have a preference for the gender of a person for these types of cases however, judges have been often biased. Parents are advised to steer clear of all negative words and actions in these situations or with an expert family law attorney who will advocate on their behalf.
If the parent presents danger to the child, the court may allow only controlled visits. If there's suspicion of neglect, abuse or other addiction problems that could place the child at risk the court may only allow supervision for visits. The court is unlikely to refuse visits.
Parents can both appeal against the ruling of the court if the plan for custody or visits is not satisfactory. It is essential to speak with an attorney with experience in family law in order to navigate the complicated appeals procedure. The Child Custody Lawyer can assist people understand the procedure in detail and prepare for the possibility of a positive outcome. Reach us for an initial consultation for no cost. We represent clients across the metropolitan region of New York, including Manhattan, Brooklyn, and Queens. We represent clients who are experiencing divorce problems, child support or custody issues. Additionally, we handle cases that involve third-party visitation rights.