Queens Joint Custody Lawyers
Throughout the state of New York, child custody proceedings are handled by the Family Court system. This branch of the state’s judicial system has a number of idiosyncrasies that make it a challenging and singular area of the law. If you find yourself involved in a child custody dispute, the single thing that you can do to ensure that you have the possible chances of obtaining a satisfactory outcome is to hire a dedicated lawyer who specializes in child custody proceedings.
In New York, the Family Court system is heavily informed by case law. While there do exist statutory laws, such as the Domestic Relations Laws, that govern the legal subject matter of the state’s Family Courts, the vast majority of the controlling law in this area has been established through precedential rulings and judicial review. This means that the complex web of case law that guides every decision of the Family Court must be extremely well understood by any lawyer who is going to represent you in a child custody case. Out lawyers are s in this area, with the expertise, skills and winning track record that lets you know your case is in the of hands.
The two types of custody
In queens, as in the rest of the state, there are two broad categories of custody that can be awarded by the judge overseeing your case. The first is termed physical custody. This is the kind of custody that is awarded to the parent at whose home the child primarily resides. Although it is possible to have joint physical custody, the vast majority of cases appearing before the Family Courts involve designating and custodial and non-custodial parent. This is simply due to the fact that the vast majority of divorce cases result in the former occupants of the the marital domicile physically separating, a condition that would preclude the awarding of joint physical custody.
The second form of custody is known as legal custody. This refers to the custodial parents having the right to participate in all decisions that would materially affect the child’s well being. It also involves the ability of custodial parents to veto, without qualification, any decision that may run against the interests of the child.
In New York, it is not uncommon for joint legal custody to be awarded to both parents in the case of separation. However, if your case has already appeared before the Family Courts or is slated to be adjudicated there, the chances that joint legal custody will be granted are relatively slim. This is because, by the nature of child custody disputes themselves, it has been demonstrated that there is a certain degree of animosity and even hostility between the parties to the case. Most judges will interpret this as a risk for deadlock occurring with regards to most decisions of import in the child’s life. Because both parents can created a situation of absolute deadlock where joint custody has been awarded, each situation that results in an impasse requires the intervention of the Family Courts. For this reason, Family Court judges are reluctant to grant joint custody in cases where there has been demonstrated contention between the parties.
As a result, your goal will likely be to convince the court to grant you sole legal custody. How difficult this will be is a function of many different things. But if you are the physically non-custodial parent, you will have the deck stacked against you.
In such a case, it is imperative that you hire a competent and experienced lawyer to help you vie for sole custodianship.
Where do I go for a divorce?
The time immediately after deciding to get a divorce can be confusing for anyone, and you might wonder where to go and what to do to get the ball rolling. Navigating the divorce process is not easy if you have no experience with the process and the court system. It can be intimidating trying to figure out which forms to file and how to get the assets you feel you deserve when you leave the marriage. Plus this is sure to be an emotionally charged and draining process for you, so having an impartial expert on your side can help you make wise decisions that will benefit you in the long run.
The thing that you can do is consult with a divorce lawyer who can advise you on the way to proceed in your divorce, including when to file, what grounds to claim, and what to expect as you try to divide the marital assets. No two divorce cases are the same, so generic advice or information you find online may not apply to you. Laws vary greatly from state to state, and a divorce court judge in New York may not rule the same way as one in another state. Not to mention, you do not know where online advice is really coming from. It may be someone claiming to have legal expertise they don’t.
There are many factors that can affect your divorce case, including:
• How long you were married
• What states you lived in during the marriage and for how long
• Any children or pets you and your ex-partner share and who is the primary caretaker
• Your income and your spouse’s income
What if I’m not sure about getting divorced?
Even if you aren’t one hundred percent sure you want to go forward with a divorce, visiting a divorce lawyer can be a good idea to help you get informed. A divorce lawyer can give you an informed opinion on how to proceed and exactly what the ramifications of a divorce will be for you. This can help you plan and decide If the time is appropriate to file for divorce, or if you want to wait until you are in a better financial position. At the time that you come to visit with a divorce lawyer, you may want to bring any paperwork you have to help them better assess the situation, such as:
• Financial records, like bank statements, any property titles and proof of outstanding debts you owe together
• Any documents that prove the need for a divorce, like proof of financial irresponsibility or infidelity
These documents will help your divorce lawyer prove any claims you want to make in court. You can tell the court all about your experience, but having documents to back up what you say will help lend them validity in the courtroom.
How a divorce lawyer helps you with the process
If you have a goal in mind as you enter the divorce process, share that information with the divorce attorney so they can better advise you on what to do. Some people are looking to gain child support and alimony to help them stay in the neighborhood and lifestyle they have grown accustomed to. Others are not concerned about support but want the right to continue to live in the marital home. No matter what you are hoping to do, the attorney can advise you on whether it is possible and how to make it happen. Using years of experience and familiarity with the laws, a good divorce lawyer can come up with a strategy that puts you in a good position as you leave the marriage.
divorce lawyers can also help in unusual or complicated situations, such as if your spouse has disappeared or refuses to sign the paperwork. Experienced family law attorneys have seen and heard it all, and no situation is too complicated for them to help with.
With the help of an experienced divorce attorney, you can get a better outcome from your divorce proceeding. Whether you and your ex-spouse resolve things amicably in mediation or go through a contentious battle in court, having a plan created by a lawyer will help you get the result you want. To find out more about how a divorce attorney can help you specifically, contact us today