In most divorce cases in which couples have minor children, child custody is likely to be most stressful aspect of the proceedings. The fierce love that each of us has for our children can make it difficult to consider any compromises when it comes to their living arrangements and care.
But New York courts must make custody decisions in the best interests of children. And more often than not, that means keeping both parents actively involved. Therefore, compromise and negotiation are needed to come to an arrangement that everyone can live with.
That being said, you should have an attorney who will strongly advocate for you and your children to ensure that your relationship is preserved during and after the divorce. At the Law Office of Nicholas P. Barone, that’s exactly what you can expect.
Understanding Child Custody Terminology And Arrangements
There are two types of parental custody rights: legal and physical. Legal custody refers to a parent’s right to make important decisions about how their children are raised (religious indoctrination, elective medical care, etc.). If both parents are deemed fit, it is common for judges to award joint legal custody, meaning that parents must make decisions together.
Physical custody, on the other hand, refers to which parent will care for the children at any given time. The details of physical custody can range from having one parent with 100 percent custody to both parents with 50 percent custody each or something in between.
It should also be noted that a judge may issue a temporary custody order during divorce proceedings, which will last until a more permanent arrangement is decided.
Don’t Trust Hearsay — There Is No Substitute For Case-Specific Advice
There are many myths and misconceptions about how custody is decided and awarded in New York — far too many to list here. Before you make assumptions or start to worry, it is wise to consult an experienced family lawyer. No matter how many other custody stories you have heard, each case is different and each parent can benefit from case-specific legal advice.
Contact Us For Answers To Your Child Custody And Parenting Time Questions
Located in White Plains, the Law Office of Nicholas P. Barone serves clients in Westchester County and surrounding areas. To schedule an initial consultation, call us at 914-683-8200, or send us an email.