If you’re seeking child custody or visitation rights, you should hire an experienced child custody lawyer to protect your rights and the rights of your child.
New York Child Custody Lawyer
It’s no wonder that, in most cases, seeking to settle a successful Child Custody case with the other parent is frequently the most difficult one addressed during the entire process of splitting up. In recognition of that, a New York Child Custody Lawyer at the law firm of Joseph T. Mullen, Jr & Associates has prepared the following overview of what you may want to be aware of as you go about your own child custody case. New York child custody laws vary from state to state so it is important to obtain an attorney who is familiar with the requirements in your state so that he or she may properly prepare your case and advise you on the best way to present it to the courts. Below, you’ll find information on child custody laws in New York, including the requirement that any agreement made must be signed with the witnesses not immediately known to either parent.
New York child custody laws require that any agreement to divide the children be signed by the parents of the children. Unless there is a genuine misunderstanding between the two parents (and sometimes grandparents can be involved in situations where they wish to have more visitation rights than their children do), it is usually necessary for the parents to agree to the arrangement before they proceed with the case. Once the agreement has been made, both parents will then be required to provide proper notice to the other parent that they have signed the agreement and that any changes in either party’s parenting schedule should be shared accordingly.
New York child custody laws also require that all visitation agreements include certain requirements related to each parent’s fitness to care for the children. If one parent is unable to care for the children, then visitation rights cannot change unless the court orders otherwise. The court may order custody be granted to an unfit parent or a parent who is known to be abusive (although this is rarely done). In addition, the court may order the time apart from the parents for some reason (i.e. if the parents are living too far apart for proper visitation) or to establish a residence other than the one that was previously used by both parents. There are a few special circumstances in which the court allows for the temporary separation of the child from one parent while another parent takes care of him/her: when the child has to spend extended time at a hospital, or if the child will have less than twenty percent of his/her time with the other parent.
Child Custody Considerations
If you’re going through a divorce and custody battle, it’s very important that you understand the child-custody considerations that your court is likely to deal with during the process. While this seems like an easy enough question to ask, there are a surprising number of people who don’t really understand what the court is likely to do and thus have no way of preparing for what might happen if they lose their child-custody case. Fortunately, there are some simple steps you can take to ensure that you know what your court will likely do.
The first thing that your court is likely to do is to engage the services of a child custody evaluator. (This should also be the first thing that any lawyer that you’re considering using should discuss with you.) In most states, the court requires that the child custody agreement is presented by either a lawyer or the parents themselves, at which point a mediator may not be involved. This is because the evaluator’s job is to provide the court with information about your child custody agreement and any other relevant information that it might require in order to issue its ruling. While it is unlikely that the evaluator will make a recommendation (because all he/she is doing is looking at the facts from the court records), it’s worth keeping in mind that it is possible to get a fair reading of your agreement by allowing the evaluator to mediate between you and your ex.
Finally, you’ll probably also need to have some child-custody considerations explained to you regarding your child custody agreement. Your lawyer will likely be able to help you with this, as will anyone else that you contact for advice. Again, though, it is unlikely that a mediator will be able to assist you with this task; typically, the evaluator will present the court with your child custody agreement, your agreement with the other parent, and any additional facts or circumstances that come up during the course of the case. You, your ex, and the court will then have to take the best interest of the child into consideration when making a final decision about the custody and visitation schedule.
Physical Child Custody
The process of establishing physical custody of a child is much different than the non-physical form. A parent who has sole physical custody of a child can make any number of changes to ensure that he is the primary caregiver, and can make the necessary changes accordingly. In New York, both parents must have been living in the State of New York in order for the court to have jurisdiction, or the child will be taken away from one parent and placed with the other. Once the parents are settled on the location where the child will live, they must apply for child custody and sign a custody and visitation schedule.
If you’re going through a divorce and are seeking physical child custody, it’s essential that you and your spouse can come to an agreement about the schedule. In New York, the parents must establish a custody and visitation schedule that provides for the children’s safety, development, and safety of both parents, and also provides for the physical and emotional well being of the child. To do this, the parents must go through a custody and divorce proceeding, and a judge will hear the case and make a decision about the child’s welfare. In the event of a divorce, the physical arrangement of the child is usually set aside in favor of the joint custody and visitation schedule. But if there is no divorce, the court will try to find a solution between the two parents that meets the needs of the child.
Both joint physical child custody provide for equal time with the child, and both parents have equal rights to the children. However, joint physical custody does not mean that the child will be spending all of his or her time with one parent. In New York, the court will determine what time is best for the child to spend with each parent, and this schedule is respected and obeyed by the parents. In the event of a separation, the child has the opportunity to visit one parent during a certain amount of time every week, and then be taken home. Once the parents have reached an agreement about where the child will spend the greatest amount of time, that time is used.
Legal Child Custody
Legal child custody can be a touchy subject at best in the arena of family law. This is especially true if the parents are in conflict about which parent they should have a “physical” or “legal” control over. Often, joint custody is a phrase that gets tossed around a lot when dealing with custody and divorce. Joint custody, however, is a broad term that can describe a variety of circumstances when both parents share legal and physical custody of their child. In this article, we’ll discuss some of the more common scenarios where joint custody could happen.
When you have joint legal child custody, it means that both parents make important decisions about the child. One of those decisions involves the child’s welfare. In this example, it is important for the parents to work out an agreement that ensures the child gets the care he or she needs and is not taken away from either parent by the other parent. Joint legal child custody also tends to be a situation where the child gets frequent visits from both parents. So it’s important for grandparents and others who care for the child to understand how frequently these visits will take place.
When the parents do not share legal and physical custody of the children, one parent may be involved in making most important decisions for the child. This parent can essentially make decisions about the child’s schooling, where they will live, what religion they will follow, and even how they will spend their time. So this decision must be made by the parent with whom the child has frequent contact. But if the parent with whom the child has frequent contact decides that they want to spend more time with the child and decide things on their own, then this is also a situation where joint legal custody will probably be in place.
Sole Child Custody
Sole child custody is a temporary child custody agreement that allows only one parent to have legal custody of a minor child. Often in the most simple definition of the term, sole child custody refers to a situation where one parent has sole legal custody of a minor child. However, sole custody can also mean sole physical possession of a minor child by more than one parent. If sole custody is granted to one parent, that parent may also be granted visitation rights with the child, both at the state and federal levels. This means that a parent can have joint legal and physical custody of the child or children.
Sole child custody is commonly sought by married parents who do not agree on child support or on the division of their marital property. Joint legal custody usually results in less tension and confusion between the parties, which is good for those involved in the family law system. For this reason, sole custody agreements are frequently entered into by couples that live together. It is often a temporary agreement while they work out an amicable parenting plan. The courts do consider sole child custody to be appropriate when the child has significant problems, such as drug or alcohol abuse, domestic violence, neglect or other similar issues.
In order to achieve sole child custody, it is imperative that you obtain the services of an attorney who specializes in family law and who is familiar with the laws of your state. While there are a number of different attorneys who offer sole joint legal custody agreements, it is important that you pick an attorney who is experienced in these types of cases and who understands the importance of working out an amicable agreement prior to going to court. If you choose to go to court, having an attorney who is well versed in the family law system will ensure that your rights and your child’s rights are protected.
Joint Child Custody
Some parents wonder, is joint child custody good for my child? Joint custody is not right for every family. If you have an agreement between the two parents that allows them both to be involved in the children’s life then joint child custody can be a great option for your family. Unfortunately, some parents who are opposed to joint custody are also very involved in their child’s life and do not want the other parent to be able to influence their child. This can be detrimental to your child and can cause emotional stress on him/her.
Another of the major drawbacks of joint child custody is the fact that it is extremely stressful for children to always move back and forth between the homes of each parent. Many kids have a difficult time to adjust to living with both parents in just one home, especially if one parent is abusive and the other is not. Another drawback of joint child custody is that if one parent does not have the skills or knowledge to raise the children properly, then the children may end up being neglected by one parent. Both parents should have equal parenting time.
When you and your partner are getting ready to get joint child custody, it is important that you have an agreement in place that both of you will follow. This agreement should include the amount of time each parent will spend with the children, where they will live, the physical custody/visitation rights and the legal custody/parental rights of your children. You should also decide whether or not joint physical custody and joint legal custody are acceptable in your agreement. It can be a difficult process and it is better if you can work things out between yourselves before you ever get a court date. Make sure that your parents understand what the arrangement is and that no matter what happens, you will still be involved in the child’s life.