staten island child custody lawyers
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When a couple with a child separates or gets a divorce, there are a wide range of child custody laws that apply in the state of New York. However, trying to sort through all of these laws on your own can be frustrating, which is why it’s heavily recommended that you seek the advice and representation of Staten Island child custody lawyers. Here at Spodek Law Group, we offer representation for child custody cases and will strive to obtain the best result possible for you.
What Are New York Child Custody Laws?
New York comes with a large number of very specific child custody laws that can differ wildly depending on the situation the child is in. If the parents of the child don’t go to court or no court order is made, it’s assumed that the parents have equal rights to both legal and physical custody of the child.
There are two basic types of child custody laws in NY, known as legal custody and physical custody. Legal custody is defined by whoever has custody over the larger decisions in the child’s life, which can include everything from medical care to where the child goes to school. In many instances, parents will share legal custody unless there’s a strong enough reason as to why one parent shouldn’t have any say over these decisions. However, both parents will be required to have a discussion about these issues. If a final decision can’t be made, the court could eventually have a say in the decision.
The other type of custody that you should be aware of is physical custody, which typically refers to the living situation for the child in question. When the parents have shared physical custody, there will be a set amount of time allotted for each parent to take care of the child, which extends to supervision of the child. Unless one parent is provided with full custody of the child, the most common physical custody agreement has the child living with one parent during the week and the other during the weekend. Agreements on which parent has the child during the week and which one has custody during the weekend can usually be made before the custody case ever goes to court, which is definitely something that you should look into.
When a custody case is taken to court in New York, the custody arrangements are based entirely on what’s best for the interests of the child. The courts will take a wide range of factors into consideration before making a decision on what’s best for the child. Some of these factors include the ability each parent has to take care of the child, the mental and physical health of each parent, if there is any history of physical abuse in the family, work schedules for both parents, what the child wants, and whether or not the parents even have the ability to remain civil with one another.
Since custody rights are so complicated and comprehensive, it’s absolutely essential that you have child custody lawyers like us on hand to ensure that your case is represented well. Findlaw.com has more details about child custody laws and how they might apply to you.
An attorney is necessary during any child custody case, especially if you and the other parent of the child have disagreements about certain aspects of physical and legal custody. It’s possible for these agreements to be made during mediation before ever going to court, which is basically a small session with both parents and a mediator to iron out the details of the custody agreements without going to court. Both parents will need to agree on every aspect of custody, from visitation rights and where the child will go to school to certain medical care details. Legal representation is allowed in a mediation, which is something we can help with, allowing you to better understand when the agreement might not be fair to you. You can find out more about mediation at NYCourts.gov.
If you and the other parent of the child can’t come to an agreement on the details of the custody, we can help you file a custody petition so that the case can be heard in front of a judge. This is where all of the previous factors will come into play that will determine the physical and legal custody of your child, which is where we can be of great assistance. We will identify the best arguments to make in your case and will get all of the documentation ready for you so that you can focus on what’s best for your child. If you require representation for your child custody case, call us today to schedule a free consultation.
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