New York City’s child custody laws are outlined in section 240 in the state’s domestic relations law. The child custody issues are separated into two custody areas: legal and physical child custody. According to the child custody laws, no parent has an advantage because of their gender. For instance, a woman does not have an advantage in a child custody case because she is the child’s mother.
What is Legal and Physical Child Custody in New York City?
When parents are no longer together, the decisions they would normally make as a couple would have to be granted to them. Legal and physical child custody are the rights that must be granted to each parent by a judge.
Legal child custody is the parent’s right to make decisions about their child. These decisions range from where they attend school to if they are in an afterschool program or will have braces when they reach a certain age. A judge can grant one of two types legal child custody arrangements: sole and joint.
Joint legal child custody is granted to both parents. They have the right to make these important decisions about how their child will be raised together. If they cannot resolve the issue, they can seek help from the court by filing a motion.
Sole legal child custody is granted to only one parent. For instance, the father may receive sole legal child custody. This means only that parent has the right to make these important decisions.
Physical child custody involves where a child will live while growing up in New York City. The other term for physical child custody is residential custody. Physical child custody is just like legal child custody, it is separated into sole and joint custody.
Sole physical custody gives one parent the right to live with their child all the time. The other parent receives visitation rights. Visitation rights allows the parent to visit with the child according to a predetermined schedule such as on weekends.
Joint physical child custody is granted to both parents. The parents receive equal time with their child. The child lives with each parent 50 percent of the time. The exact schedule is also predetermined.
Physical and legal child custody are granted separately. This means that a parent will not automatically receive legal custody if they receive sole physical custody. The child custody arrangements may vary according to the facts of the case.
For instance, parents can receive joint physical and legal custody. In another case, a parent can receive joint legal custody, but sole physical custody.
A Judge Grants Physical and Legal Child Custody Based on the Best Interest of the Child
What’s child custody arrangement is in the best interest of the child? That is the question a judge must answer. To answer the question, the judge must consider several factors. These factors include, but are not limited to:
• Each parent’s ability to care for their child
• Any history of domestic violence
• Each parent’s work schedule
• Each parent’s physical wellbeing and mental health
• Each parent’s ability to work with the other parent on parenting decisions
• The child preference (if they are of age to understand what is happening)
• If the child has any other siblings and where they reside
Need Help with Your Child Custody Issue in New York City? We can Assist You.
Your child’s needs are the focus of our case. We will not forget about your needs as well. You need to spend time with your child and make important decisions about their upbringing. We will represent you while focusing on what’s in your child’s best interest. Contact us.
When parents are unmarried and unable to agree on child custody issues, the courts can step in. The New York courts make decisions about child custody, parenting time and child support. If you’re facing a child custody case, our NYC child custody lawyers can help.
There are two types of custody that the court decides when they rule on a child custody case. Legal custody is which parent makes important decisions regarding the child and their upbringing. A parent with legal custody decides where the child goes to school, what religion they practice and other major decisions. If the child needs important medical care, the parent with legal custody decides what to do. The court might award legal custody to one parent, or the parents may share legal custody.
The other type of custody is physical custody. The parent with primary physical custody provides the most day-to-day care for the child. For most children, both parents spend some time with the child on a schedule, but physical custody refers to the parent who spends the most time with the child. Physical custody forms the basis for a child support determination.
Even if the court awards primary physical custody to one parent, the court awards parenting time to both parents in nearly all cases. The court has flexibility when they decide what parenting time schedule to order in the case. The court may also place conditions on parenting time. They might determine transportation for parenting time, or they might require a parent to avoid alcohol or drug use during parenting time. The court may refuse parenting time where a parent’s ability to provide safe care is in serious question.
When the courts decide custody, they look at the evidence in the case. They conduct a trial where they receive evidence and make conclusions of law. The court reviews the evidence in light of what’s best for the child. They look at what parent spends more time with the child, the child’s home environment and whether either parent has a substance abuse or mental health concern that might impede their ability to parent. The court may consider any evidence that’s relevant to the well-being of the children.
To win your family court case, it’s important to present the evidence to the judge that favors your case. Whether it’s witness testimony, school or medical records, criminal records or other documentation, you have the burden of gathering the evidence and making arguments to the judge. To win your case, you must carefully determine what evidence you need to win. You must prepare the evidence for your hearing and present it in court. Finally, you must clearly tell the court what outcome you’re asking for. You must explain to them why it’s in the child’s best interests to make the order that you’re looking for.
Our NYC child custody lawyers have experience helping our clients prepare and present evidence in child custody cases. We’re familiar with the rules of evidence, and we know what it takes to admit evidence in a court hearing. It’s often far more complicated than simply bringing copies of papers with you to court. We know how to ask the right questions and form the arguments to present your case in a way that’s clear and persuasive.
In a child custody case, the court looks at the entire situation as a whole. There’s rarely one factor or characteristic that by itself decides a custody case. There’s no checklist for the judge to score points and total up who wins. Instead, you must present the court with the entire situation in order to win your case.
You may need the help of our NYC child custody lawyers to establish your initial child custody order. You may also need help modifying a child custody order. Until the child reaches the age of majority, the court can make changes to the child’s custody order. Whether you’re looking to establish custody for the first time or modify an existing custody or parenting time order, our lawyers can help. If you have questions about child custody in New York, contact our NYC child custody lawyers.
When it comes to child custody cases in New York City, the courts are tasked with making complex decisions about emotionally charged situations. Complicating matters is the fact that there are multiple forms of custody with each type bringing its own set of consequences to the family in question. By learning more about those kinds of custody, you can better prepare yourself for a custody battle that may or may not grant you the type of situation you’re seeking.
Legal Custody Versus Physical Custody
There are two primary types of custody under New York law: physical and legal. In legal custody, the responsibility for making decisions about the child’s care is granted to one or both parents. Those with legal custody are the only persons authorized to make decisions about the child’s education, medical care, and religious upbringing. In most cases, the court will give both parents legal custody, except where one parent has exhibited risky behavior that may seem irresponsible or dangerous.
When both parents share legal custody, they must work together to arrive at a final determination for each issue that arises. This means the parents must be able to work together for the sake of the child. If the parents can’t set their differences aside to make these decisions, they may end up back in court to have legal custody reassessed. While both parents may still retain legal custody to a degree, the judge may grant veto power to one parent over the other.
Physical custody determines where the child resides. One parent may have full custody, or the parents may have to share custody. While the needs and general welfare of the child is the court’s primary concern, there’s also an effort to keep the family together as much as possible. For that reason, establishing shared, or joint, custody is the preferred solution.
In attempting to set up a situation of shared custody, the parents must again prove that they can communicate civilly for the sake of the child. They must maintain agreed upon custody rotations without unnecessary delays, so the child’s life will be uprooted as rarely as possible. If the parents find the situation is not working, they may have to return to court with their family court lawyers to have custody issues reassessed.
Joint and Sole Custody in NYC Family Law
In cases where one parent proves unsuitable as a parent, the other parent or another suitable guardian will be granted sole custody. There are a number of reasons that a parent may be denied legal and/or physical custody of their child. The individual may have exhibited risky behavior, such as drug abuse or multiple DUI arrests, or the parent may have a record of violent outbursts. If he or she has been in frequent bar fights or has been charged with domestic abuse, these factors may prohibit the court from granting custody.
In cases where a parent has been denied custody, an experienced family law attorney may be able to convince a judge to grant parenting time, also known as visitation rights. This is a weekly visitation that allows the parent and child to spend time together. Parenting time can either be supervised or unsupervised, but, in either case, the parent is required to abide by court-ordered stipulations. For instance, the parent will likely have to have the child returned to the custodial parent at a predetermined time.
Joint custody, on the other hand, gives each parent equal time parenting the child, which may involve raising the child on a day to day basis. Typically, the custody of the child will be divided up by days of the week with parents alternating weekends and vacation time. While each parent has custody of the child, he or she will be responsible for making sure the child goes to school, is treated for medical conditions, and has his or her basic needs met.
Due to the requirements of parenthood, the court will look at each parent’s financial situation, before agreeing to grant joint custody. The parents must each be able to provide a quality standard of living for the child and be mentally capable of making decisions related to the child’s welfare. Additionally, the parents must each be reasonably available to the child, so parents’ work schedules will also play a factor in the court’s decision.
Custody arrangements are never simple and require the courts in New York City to look at complicated issues. For that reason, parents should seek out their own legal advocates, experienced professionals who are educated in family law. This will help to make sure everyone’s rights are protected and the child receives the best possible care.