In New York, a child custody attorney can help you obtain or defend against any type of custody decision that will affect the life of your child. Custody and visitation cases can be highly emotional and complex, so you need a lawyer with the right skill and experience to make sure that your rights are protected throughout the process.
One of the most contentious issues in a divorce is child custody and visitation. Both parties want to spend as much time as possible with their children, but often, these desires conflict with each other. Our NYC child custody attorneys will help you develop a parenting plan that allows for the least amount of animosity between the two parents and the most beneficial child custody arrangement that meets both of your needs and the needs of your child.
In most custody arrangements, both parents are awarded "physical" custody of their child, meaning that they share the primary residence of the child. However, sometimes a judge will award sole physical custody to a parent who has spent more time with the child. This type of custody can be an extremely positive outcome for the family and is usually granted when both parents are willing to put the child's best interests above their own.
If you have joint legal custody of your child, you will be able to share the decisions that are made about their upbringing. This includes the major issues that concern a child's education, health, and religion. This type of custody is usually more common in cases where both parents have been living together for a long time and are able to form a good relationship with their child.
The most important thing to remember is that a child's best interests come first, and no matter which custody arrangement the judge awards, you will always be able to see your child when it's convenient for both of you.
We will protect your rights and uphold the law in every way we can, so contact us today to schedule a consultation. We have the experience necessary to guide you through a successful child custody case, regardless of your situation.
If you need a New York City child custody attorney, call our office to schedule a consultation with our team.
Custody & Visitation are legal terms that describe the rights and responsibilities of a parent with respect to a child, according to an agreed or court specified parenting schedule. There are several types of custody and visitation arrangements, including physical custody (residential or parental custody), joint or sole physical custody and legal custody.
Generally, child custody decisions are made with the best interests of the child in mind. This means that the decision-making process should consider a variety of factors, such as where the child lives, how often both parents work, and the child’s social and emotional needs.
In New York, courts apply the same “best interest” standard to custody and visitation determinations. The goal is to arrange a plan that provides the child with a stable, loving environment and allows both parents to have meaningful contact with the child.
If a parent is unable to meet with their child, a judge may order that they make other arrangements. This can include changing the visitation schedule, allowing the parent to move out of state or even modifying the existing custody order.
Supervised Visitation: This type of visitation involves the non-custodial parent leaving their child with a family member, friend or a third-party to be supervised by a qualified individual. It can help keep the child safe in a situation where one parent is physically, emotionally, or sexually abusive to their child.
Unsupervised Visitation: This type of visitation typically takes place in a neutral location, such as a library or police station. It can allow parents to see each other without a third party present, but it does not always work well when both parents are living far apart or in-person visits are limited.
Virtual Visitation: This type of visitation involves parents videoconferencing with each other and their children. It can be a convenient way for parents to keep in touch with each other, especially if the two parties live in different parts of the country or the world.
Denial of Visitation: If the parent who does not have custody of the child refuses to meet with their child, a court can require the other parent to take the child back to their home or other designated location. It can also impose other conditions, such as ordering the parent to attend a counseling session or requiring the non-custodial parent to report any incidents of abuse or neglect of the child to the court.
Whether or not a child is able to choose which parent they want to live with is a question that is answered differently in every state. The courts in New York, for instance, have the power to emancipate children from their parents if they do not wish to maintain a relationship with their parents or are no longer capable of doing so.
If you are getting divorced, it is essential that you understand what type of custody is best for your children. A family law attorney can help you navigate the legalities of child custody and visitation.
A parent who has legal custody of a child has the right to make important decisions for the child, including medical and educational matters. In a joint legal custody situation, both parents work with the court to make these decisions. Sole legal custody, on the other hand, only one parent is granted this power.
A parent with physical custody of a child is the one who lives with the child most of the time. There are many ways to divide up physical custody, and courts will consider what is in the best interests of the child when deciding on this issue.
Shared physical custody, which is also called 50-50 custody, means that the child spends as close to equal time as possible living with each parent. Often, this means that the child spends four nights a week with one parent and three nights with the other.
The other parent, often referred to as the noncustodial parent, may be awarded visitation rights, which allow the child to see them occasionally. This can be done through a court-ordered schedule that states when the child will be with each parent, or it can be done through an informal arrangement that both parents decide upon informally.
Bird's nest custody, sometimes referred to as shared physical custody, is another option that combines the advantages of both types of custody. It enables parents to take turns moving in and out of their home while the kids are still living there.
Both parents are actively involved in the children's upbringing with this type of custody, which can have positive impacts on their futures and help them adjust to a change in their lives after the divorce.
A rare form of joint physical custody, bird's nest custody lets the children remain in their parents' homes while the two of them take turns residing there. It is an effective way to keep the child's lifestyle as consistent and predictable as possible while allowing both parents to have their share of custody, which can be especially helpful if they live far apart from each other.
Sole legal custody, on the other hand, gives one parent exclusive control over important decisions affecting the child's well-being. This can be very disruptive to the child, so judges tend not to grant this type of custody unless there is evidence that it will be in the child's best interest.
Joint physical custody, on the other hand, allows both parents to share the responsibility for the child's upbringing, and it has been shown to be beneficial in terms of reducing stress and improving emotional health among the children in such a scenario.
In many cases, this type of joint physical custody is combined with shared legal custody, which enables both parents to have an equal role in the child's upbringing and decision making while maintaining their own separate residences.
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