What are the different types of child custody arrangements in New York?
In New York, the statutory law that regards child custody is somewhat vague. According to Domestic Relations Law 70, there will not be a prima facile right to child custody with either parents of the child. However, the court will decide what is in the best interest of the child regarding child custody. Furthermore, Domestic Relations Law 240, Family Article 6, states that the family court has the authority and jurisdiction to hear cases in relation to child custody and visitation or parenting time.
There are some factors the family court will take into consideration when deciding what is in the best interest of the child. These factors may include the age of the parents, history of substance abuse, history of domestic violence, a criminal record, availability of parents, and physical health of the parents. In addition, finances may also play a role in determining custody. If a parent isn’t able to provide adequate housing or other necessities for the child, the other parent may be awarded residential custody of the child. The court may also ask the child which parent he or she prefers to live with, but this factor will only partially influence the court’s decision.
In Long Island and throughout New York, child custody refers to any child under the age of 18 years old, but unemancipated children will receive child support until they are 21years old according to New York child custody laws. New York child custody laws are balanced throughout the state, so residents of Nassau, Queens, Suffolk, or other counties will receive the same decisions or settlements for visitation and child custody. When you are preparing for a divorce in New York, it is helpful if you have an understanding of the different options that you have based on your specific circumstances. A law firm with skilled attorneys, such as the Spodek Law Group, can provide you with guidance and make the process easier.
When couples going through a divorce have children together, they must decide where the child will reside. If a child has to live with a parent via a court order, the parent in custody of the child has residential custody according to New York law. Another factor that needs to be taken into consideration is which parent will have the authority to make decisions for the child, which is known as legal custody.
When a parent has sole or fully custody of a child, it typically means the child will reside with him or her. In addition, sole or full custody also means that parent has control of making educational, medial, religious, and social decisions for the child. The parent with sole or full custody has legal custody as well as residential custody of the child. In most circumstances, that parent will discuss decisions with the other parent, but the parent with sole custody has the authority to make the final decision regardless of if the other parent disagrees. Furthermore, the parent without sole custody will typically receive visitation or parenting time.
There are many divorced couples that decide to share legal custody of their children, which is known as joint legal custody. Although the children will live with the parent whom has residential custody, both parents must decide together on the decisions of the child. In addition, some divorced parents also share residential custody, which can be called shared custody. In these circumstances, the child will live with both parents on a set schedule equally throughout the year. In these cases, usually the parents will make decisions together. When circumstances arise where parents aren’t able to come to an agreement on a custody arrangement, usually the court will make a decision that awards one parent full custody with visitation or parenting time awarded to the other parent.
Although the above content describes the most typical custody arrangements in New York, there are instances where there can be hybrid variations of legal child custody orders. An example may include a circumstance where parents want joint legal custody of their child. This mean that both of the parents are intended to make decisions for the child together. However, the custody order may state that when parents can’t come to a mutual agreement about the child, one parent will have the final authority to make the decision. This situation is suitable for some parents because it attempts to help them make decisions about the child together.
Another example of a hybrid custody situation could be if one parent has full custody of the child, but he or she must speak with the noncustodial parent before making the final decision about the child. These hybrid variations of child custody may also include the noncustodial parent having the authority to speak to medical or educational professionals about their children. In addition, these arrangements may also allow the noncustodial parent to collect the child’s medical or educational records. The three major categories that influence a hybrid custody case are medial, healthcare, and social welfare issues.
There are also cases where one parent may have authority to make educational decisions, and the other parent will have authority to make medical decisions for the child. Although these custody cases can be complex and time consuming, an attorney with experience in family law can help tailor a custody arrangement to meet the needs of the child.
Although a divorce can be a stressful process, there are numerous options that you have when it comes to child custody arrangements in New York. If you are preparing for a divorce, and you need legal guidance, contact Spodek Law Group. Our skilled team of legal experts can help you with child custody, maintenance, and any other issue that is related to family law.