NYC Child Custody Lawyers
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.