Custody and Visitation cases are not only for those who are married. When you cannot resolve custody or visitation you have two routes you can take in New York, either through an order from the New York Family Court or through an order of the Supreme Court (usually reserved for pending or active divorces, sometimes for post-judgment matters as well).
Custody/Visitation disputes get complicated. A lot of emotion is usually involved and most likely, both you and the other parent want what is best for your children. Often times, jointly agreeing what is in your child's best interests regarding where and with whom they will live can be difficult and contentious.
When you are dealing with your child's future, you need to be confident that you are putting your best argument forward to show that the child(ren) should be with you. When working with a New York child custody and visitation lawyer from Law Offices of Mindin & Mindin, P.C., you can breathe easier knowing that you will have experienced and aggressive advocates on your side.
TYPES OF CHILD CUSTODY IN NEW YORK
Child custody, when awarded, is not a one-size-fits-all solution. There are different types of custody that can be awarded to match different needs and can be suited to match different family structures. For example, there are families where both parents are able to work together jointly, and there are others where extenuating factors, such as addiction or previous history of abuse, can cause a court to determine that one parent is unsuited for custody roles.
- Physical Custody: This is the most obvious form of custody as it deals with the physical location of the child. Parents who are granted physical custody will have the child living in their home.
- Legal Custody: This is not as obvious, but equally as important. When legal custody is awarded, it grants the parent permission to make all decisions regarding the child's upbringing - from education to religion.
- Sole Custody: In cases where one parent has a history of abuse or struggles with addiction, the court may be favorable of awarding only one parent custody while granting the other parent just visitation rights.
- Joint Custody: Children benefit from having both parents involved. Therefore, the courts prefer to award both parents custody - either legally or physically - so they can share in the responsibility of raising the child.
FACTORS TO CONSIDER IN A CHILD CUSTODY CASE DURING A DIVORCE
If you are seeking an uncontested divorce, you and your spouse must agree upon the issue of child custody. If your divorce is contested, the court will make this decision for you—in which case, you may not get the full amount of custody to which you are entitled. Child custody and visitation does not just deal with where the child lives; custody issues can deal with things such as who has authority to make decisions regarding the child.
MAKE SURE YOUR RIGHTS ARE PROTECTED
Mindin & Mindin have provided parents with the effective and aggressive legal representation that they need during any matter related to child custody, child support, visitation or divorce. We know what parents are entitled to and what a fair deal looks like, do not let the other parent's attorney try to tell you what is best for you when you need your own legal representation. Call us immediately for a consult.
If you are currently in the middle of a heated child custody battle, you are not alone, call us to help you navigate the process.
Contact us at 888-501-3292 to discuss your matter. We offer a free phone evaluation of your case and an immediate price quote of our fees.