Child custody in Queens refers to who raises the child and makes important decisions about medical care, education and their religious beliefs. Child custody laws in Queens are outlined in the state’s child custody laws.
Child custody issues can arise for parents who were married or not married at the time the child was born. Both unwed and once married parents have the same options when it comes to child custody. The only added step is that an unwed parent may have to establish paternity before pursuing child custody.
What is Physical Custody in Queens?
Physical custody gives a parent the right to live with their child. It may sound odd, but it is true. This type of child custody is often called residential custody because a judge decides if a child lives with one or both parents.
Joint custody is granted to both parents. The child will live with both parents according to a plan agreed to or decided by the court. For example, a child may live with their mother during the week and their father during the weekend.
Sole custody is granted to one parent. The child will live only with one parent. This means the other parent would become the non-custodial parent. As the non-custodial parent, you would be restricted to spending time with your child. Your visits may be supervised or unsupervised. Unsupervised visitations are typically allowed when there is some domestic violence, sexual abuse or drug addiction.
What is Legal Child Custody in Queens?
Legal child custody is the legal right to make decisions about how a child is raised. This means making decisions about where they attend school, what religious faith they will practice, and type of medical care received. A judge will grant either sole or joint child custody.
Joint child custody will give a parent the right to make all decisions about their child. If one parent wants to move from Queens to Alaska, the other parent can say no or take the matter to family court. Each parent has the right to make these decisions.
However, sole legal custody is only granted to one parent. This means the other parent cannot make legal decisions about how their child is raised.
Does a Mother have the Upper Hand in Child Support Cases in Queens?
No. The court does not give any parent the “upper hand” in child custody cases. Instead, New York family court follows the standard of what’s best for the child. This standard puts the needs of the child before what the parent desires. A judge over a child custody case will use the following issues outlined in the best interest of the child standard:
• Each parent’s ability to care for their child
• Each parent’s ability to get along with the other parent
• The child wishes (if they are at an age to understand the child custody issue)
Are You Looking for a Child Custody Attorney in Queens? Contact us.
If you have questions about your child custody issue or need to resolve a child custody issue, contact us for help. We are here to explain unfamiliar legal jargon and honestly tell you about your legal rights.
Whether you want to negotiate a child custody agreement, or you want to prepare for trial, we will be with you every step of the way. Let’s start with a free initial case evaluation. We will answer your questions and tell you how we will work to resolve your child custody case.