As in New York, child custody is determined by the best interest of the children. The decision includes the location where children will reside and their right to visit.
The court will also take into account the child's wishes however they are not required to put a lot of importance on them. Parents are notorious for manipulating their children by the use of parental alienation, or any other method.
Joint physical custody
Children live alongside their parents and are in joint physical custody. The arrangements can vary from a very structured plan in which children reside with both parents for equal amounts of time to one in which the parents switch the duration of their stay for weeks or months. However, regardless of the arrangement is employed, it is important to have both parents engaged in their kids' lives as much as possible.
The practice has grown more popular, partly because studies show that both parents should be involved with their children. This is only possible in the event that both parents are able to work together and are close to each other. If they live far from each other, it could be more straightforward to give one parent sole physical control and permit them to be the sole decision-maker for every child.
The involvement of both parents in the lives of their children is vital, but it isn't easy to establish a fair timing for the parenting of children that works for all. Families need to communicate clearly and openly about the plans they're given, and then work together towards a compromise on their kids' schedules. If required an attorney for family law will assist parents in establishing their schedule.
The child custody laws of numerous states prefer joint custody but it is still not always feasible for families. There are parents who struggle to work well with each other or have any history of violence, child abduction or domestic violence. Parents who have difficulty coming to agree on a custody arrangement should seek the advice of an attorney or a mediator.
While some judges will not give joint custody to a child but it's still possible for parents to convince a judge that such an arrangement will be in the child's best interests. An experienced lawyer can assist parents to create a parenting program which addresses the concerns in their case and present it to the judge. In certain cases, parents may need to submit the evidence they have to prove that they are capable of taking care of the kids, including documents from their medical history and financial statements.
Sole physical custody
Sole custody refers to a situation that grants one parent exclusive physical and legal rights over the child. It's rare to find a court that grants sole custody because most favor child custody attorneys joint physical and legal custody. Courts usually only grant sole custody when one parent is deemed unfit to make decisions for the child, or in cases where there's evidence of abuse. But a sole custody decision doesn't eliminate parents who are not in the same household completely out of the child's life, as they still have access rights to the child.
If, in the majority of cases, the court gives sole physical custody to one parent, they will include within the custody orders an arrangement for sharing time. This could be a plan of alternate weekends, other weekend or midweek sleepovers. Parents with no custody rights may be granted access to school and medical data.
A good option for divorced parents instance is to make their own custody agreements prior to engaging the judge. This ensures that all disputes are resolved in an impartial and fair way, as well as minimize the emotional distress due to an unresolved custody battle.
If parents are able to decide on resolving their custody dispute on their own, or if they prefer to work with a mediator to help them out, then it is essential that both parties are prepared to talk about everything. It will assist them in coming up with a custody plan that is suitable for their family members, and also meet requirements of the child.
It is essential for both parents to understand the child's interests will always be the first priority of the courts. So, it's common for courts to modify the initial custody arrangement if the parties feel that the arrangement is in the best interest of the child.
Many times the child custody arrangement is modified when the child develops and grows in the need. As a child enters adolescence their primary interests could change, necessitating a new custody arrangement. If parents decide to move to another state or country then the arrangement for custody will require a change to reflect this.
Shared physical custody
A shared custody arrangement is where parents share custody of their children. That means each parent has frequent and regular contact with each child. This can involve overnight visits, and is called parenting time. Parents may set a schedule for their kids, which could be a split day that includes alternate weekends, or an arrangement of 3-4-2. The children live in the two homes and be with each parent for the time.
The divorce process often leads to joint physical custody of children, especially in cases where the parents reside close together. Courts have been affected by the consistent findings of study that has shown children are better following divorce if they are spending significant time with each parent.
Most of the time, parents be able to agree on the most important issues involving the children, for example, health care as well as education, religion, and emotional development. They then will take on the daily routine and care of their children. A certified mediator can be utilized by parents seeking to establish an arrangement for joint custody. They can work with a mediator to reach an agreement, as well as create the parenting plan that's in their best interest.
Most of the time, the judge will grant an individual parent sole custody but allow the other parent the right to visit. This is commonly known as parenting time. The noncustodial parent is able to remain in contact with the child, as is an explicit rule of several states. Noncustodial parents typically spend more time with children during holidays, summer breaks, school vacations and other holidays.
Although the majority of parents would like for joint custody of their children However, it's not necessarily feasible. It's crucial to understand that, despite the fact that parents are seeking equal parenting time, courts will allow a 50-50 share of their child's life when the parents are able to maintain a certain degree of cohabitation and cooperate. If parents just want 50-50 joint physical custody in order to lower their obligations to support their children, they should review their plan.
It is crucial to consult an attorney that has expertise in custody issues. The laws governing custody, and in particular the calculations of child support differ from one state to the next.
Visitation rights
Most of the time child custody orders will stipulate the parent who will be given sole physical custody, while another will be granted visits rights. There are however several different options for the physical custody arrangement that couples could choose. As an example, a couple may opt to distribute their time between each other, with children staying in one parent's house for a minimum of at least four nights per week. A couple may opt to swap places for a period of weeks, even months. Courts are able to work out an arrangement that is beneficial to both the parents and the child, taking the parental wishes in consideration. In order to decide on custody, the court may employ a specialist to sit down with parents, children, as well as any other people that are involved.
The courts don't favour any gender over the other, it is typical for judges to have biases during these instances. In these types of cases parents are advised to avoid any kind of negative language or actions. Additionally, they can work with the services of a family lawyer skilled in this field to represent their interests.
If a parent is an imminent risk for the child, the judge may award only supervised visits. This could be the case if there are concerns about abusing or neglecting children as well as if the person has addiction issues that expose the child to risk. It is not likely that the court will stop visiting rights.
If the court orders an order for custody or visitation and both parents are entitled to the right to appeal if they're unhappy by the final decision. This process can be complicated and often required to consult the assistance of a skilled family law lawyer. A New York City child custody lawyer can provide the specifics of this process and help a client prepare a strong argument for the arrangement they want. Call us today to schedule a meeting regarding your situation. The firm represents clients throughout the New York metropolitan area, which comprises Manhattan, Brooklyn and Queens. We represent clients who are facing divorce issues, child support and custody. Also, we deal with cases involving the rights of third party visitation.