Child Custody Concerns in New York
To take the right steps toward resolving your child custody concerns in New York’s Capital District and the rest of the state, it is crucial to comprehend the terminology and distinctions of the process and topic. The ARQUETTE LAW FIRM, PLLC provides reliable legal information about child custody. Child custody covers the legal rights and responsibilities between parents or relatives caring for a child.
Two Parts of Child Custody
Legal Custody
This refers to the right and responsibility to make decisions for a child. It may be classified as either joint legal custody or sole legal custody. Joint legal custody is where both parents collaborate on major decisions like education, health, and religion, but the current primary caretaker parent will take care of smaller, day-to-day decisions. Meanwhile, sole legal custody is where only one parent has the right to make the major decisions.
Residential or Physical Custody
This pertains to where the child(ren) will live. Parents can have either shared physical custody or primary physical custody of their children. Shared physical custody is where the child(ren) spends an equal amount of time with both parents. Meanwhile, primary physical custody is where the child(ren) mostly lives with one parent and has a scheduled visitation with the other parent.
Applying for Custody
Either parent can apply for child custody in family court. Alternatively, one can seek an order of custody in the Supreme Court once a divorce is initiated. After a hearing, the court’s primary consideration in making custody arrangements is the child’s best interests.
Factors Considered in Child Custody Decisions
The court considers multiple factors when determining what is in the child’s best interests, including:
- Which Parent Has Been the Primary Caregiver
- The Ability of Each Parent to Care for the Child
- The Physical and Mental Well-Being of Each Parent
- Past History of Domestic Violence, If Relevant
- Work Schedules of Each Parent
- The Child’s Relationship with Other Relatives
- The Child’s Preference, Depending on the Child’s Age and Maturity
- The Ability of the Parents to Communicate and Have a Mutually Respectful Relationship with One Another
Legal Agreements and Custody Stipulations
Decisions regarding legal and physical custody could be made in a stipulated order or separation agreement if the parents reach an agreement. Having sound legal advice from a family law attorney ensures that each parent fully understands their rights and obligations concerning child custody.
Giving Child Custody to Someone Other than the Parents
The law says grandparents, aunts, uncles, and other relatives who want legal custody over a parent must demonstrate that the parents are unfit to care for the child. Criteria for unfitness include child abandonment, neglect, or abuse by the parents or extraordinary circumstances affecting the parent’s ability to care for the child. When a relative proves any of these things, the court can then consider whether it would be best for the child for the relative to have legal custody instead of one or both of the parents.
It is not uncommon for a relative to step in and seek custody of a child who is not their own. Establishing the right to custody by a nonparent is difficult. That is why it is strongly advised that relatives seek legal counsel before filing an application. An experienced family law attorney will help ensure that you have a valid basis for seeking custody and that your case is adequately presented.
Modifying Custody Orders
To change an existing court order of custody or visitation, the parent must file an application for modification in the appropriate family court or Supreme Court. They must demonstrate that a change in circumstances has occurred and that altering the order serves the child’s best interests.
Book a Consultation Today
If you have questions or need legal assistance with child custody concerns, our experienced family law attorneys are here to help. Schedule a confidential consultation with us today to discuss your situation.