When a divorced couple has children, they often struggle to decide how to raise them. Joint physical custody is an option, wherein the children spend an approximate equal amount of time with each parent. However, this can be difficult if the parents are not on good terms or disagree about child rearing methods. Parents may wish to consult a lawyer before agreeing to a joint physical custody arrangement.
Understanding Joint Custody Laws in New York
The law states that a court must award a custody arrangement that would be in the best interests of the child. In making this decision, the judge takes into account several factors. These include the current arrangement and how it works, each parent’s relationship with the child, each parent’s ability to provide a healthy home life and emotional support, the role the child has played in each parent’s life up to this point, any history of domestic violence, and the parents’ own wishes.
Depending on these factors, the court may grant either sole legal custody, joint physical custody, or both. In joint legal custody, both parents have an equal say in decisions about the child, regardless of who has physical custody or visitation rights. In a joint physical custody situation, the child lives with both parents for an approximate equal amount of time, although in reality it is more likely that one parent will have primary residency and the other will have a significant amount of visitation rights.
A court will usually not award joint physical custody to a parent who has abused a child or spouse in the past. The court also will not award joint physical custody to a parent who is known to have a problem with drugs or alcohol or who has a history of erratic behavior. However, even if these problems existed in the past, a court may still award joint legal and/or physical custody if it believes that the child will be better off in that arrangement than in a sole custody situation.
If the court awards joint legal and joint physical custody, a parenting plan must be created. The plan will outline the parents’ schedules and how they will make important decisions about the child. It will also spell out where the child will live and how much time the noncustodial parent will have with the child in a joint physical custody arrangement.
The parenting plan will also include provisions for holiday and school break scheduling, extracurricular activities, and how the parents will handle medical issues in a joint physical custody situation. It is essential that this plan be well thought out and drafted by experienced attorneys.
Custody orders last until the child turns 18, is emancipated, or until the court modifies the order based on a change in circumstance. Both parents have a right to request a modification of custody or visitation, but the court will only consider such requests if there has been a material change in circumstances. A New York attorney can help parents understand the different types of custody arrangements, including joint physical custody, and how to create a parenting plan that will be in the best interest of their children.
If you are in the process of divorcing your spouse or have already completed a divorce, you may be considering a joint physical custody arrangement. This would involve sharing equal or nearly equal time with your child. At Juan Luciano Divorce Lawyer, we can help you navigate the many complex aspects of parenting after your marriage ends, including establishing joint physical custody if it's in the best interest of your child.
Regardless of how your relationship ended, you will need to work with your ex to determine parenting plans and schedules, especially if you're considering joint physical custody. While putting aside your relationship problems and focusing on your children’s best interests is often challenging, it can be possible to co-parent amicably. Studies show that children benefit greatly from having both parents play an active role in their lives. This is one of the major advantages of joint physical custody, as it ensures your child maintains a strong relationship with both parents.
While you will likely never get on each other’s good side, there are several strategies that can help you co-parent in a healthy and positive way. This is particularly important in cases of joint physical custody, where you'll be interacting with your ex-partner frequently. These strategies involve being respectful of the other parent, keeping lines of communication open, and not disparaging each other in front of your children. It also involves avoiding high-conflict interactions and maintaining professional behavior, regardless of how heated the discussion might become.
The best way to keep the peace with your former partner, especially in a joint physical custody situation, is to maintain a civil, cooperative relationship. This will make it easier for both of you to communicate with one another and agree on the important details associated with your child’s well-being. For example, if a school event or extracurricular activity will cut into your time with the kids, it is best to just be gracious about it rather than complain and create conflict.
In addition, it is important to set and adhere to a clear schedule, which is crucial when dealing with joint physical custody. This schedule will help minimize confusion and stress for all parties involved. It is also important to communicate with each other about travel plans, including any extra time required for children who will be attending special events with extended family members.
Finally, if the issue at hand is a dispute over joint physical custody, it’s important to focus on the facts and to work with a lawyer who can prepare evidence to support your position. New York law requires a court to look at the “best interests” of the children before making a custody decision. Juan Luciano, a divorce lawyer, can help you gather relevant documents and present your case in a clear and compelling manner.
When parents split up, it is normal for one or both of them to want custody rights, including joint physical custody. The court will determine which parent or parents get legal and physical custody. Joint physical custody is an arrangement where children spend an approximately equal amount of time with each parent. The court will also determine a parenting time schedule for the child or children. In most cases, New York judges award joint custody to parents, including joint physical custody when it's appropriate.
The primary benefits of joint physical custody include a continued relationship with both parents and the ability to split up day-to-day expenses. For example, splitting child support payments can help reduce financial stress and make things easier for both parties. Another benefit is the potential for both parents to be role models for the children. Having a positive relationship with both parents, facilitated by joint physical custody, can have a positive impact on the child’s well-being, performance in school, and feelings of security and confidence.
However, there are several drawbacks to joint physical custody. If the parent’s relationship with their spouse is hostile or they disagree on how to raise a child, it is unlikely that joint physical custody will work. Additionally, scheduling conflicts may arise if the parents are not able to work together and plan their time together, a key aspect of joint physical custody. Finally, disagreements and arguments may occur when the parents spend time with their children. This can be difficult for kids, especially if the parents are not in a friendly or cooperative relationship with each other.
If there are problems with parental cooperation, the judge might decide to award sole custody to one parent or even refuse to grant joint physical custody altogether. However, the judge will consider the “totality of the circumstances” and will determine if joint custody, including joint physical custody, is in the best interests of the child.
A judge will consider many factors when determining child custody, including the parents’ relationship with each other, how they communicate, and their parenting styles. For this reason, the decision to grant or deny joint physical custody should not be taken lightly.
How to Calculate Parenting Time
To begin, the parents will need to sit down and create a parenting plan. This plan becomes particularly important in the case of joint physical custody, as it would outline how much time each parent will have with the child, travel costs, and other important information. This will also be a great opportunity for the parents to work out any issues and come up with an agreement that will work best for them.
If the couple cannot agree on a parenting plan, which is crucial for joint physical custody, they can ask for mediation. During this process, a neutral mediator will help the parents find common ground and come up with a solution that works for everyone. A New York family law attorney can provide additional guidance on child custody arrangements. They can explain the benefits of joint physical custody and help families decide which arrangement is best for their situation. They can also help with filing papers and obtaining any necessary documentation.
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