Custody decisions are determined by what’s in the best interest of the child. This is commonly referred to as a legal standard. It does not give the upper hand to either parent. The standard strictly goes by what is in the child’s best interest regarding who raises them and how they are raised.
Parents who can put their child first and set aside any hatred or hostility may try mediation. During mediation, both parents will try to come to an agreement with the help of their attorneys about issues related to their child. The mediation agreement must be approved by family court. This makes the agreement a court order. The court order can be modified at any time.
If the parents cannot agree and it is up to the court, a judge will use the standard of what’s in the child’s the best interest. To do this, the judge will look at a lot of factors such as:
• Each parent’s ability to cooperate with each other regarding the needs of their child
• Each parent’s ability to raise their child
• Each parent’s mental and physical health
• The child’s preferences
• Any history of domestic violence in the family
• Each parent’s work schedule
• Any incidents of any mental or emotional abuse of the child
• If there are any other siblings and where they reside
The order of the court is not permanent. It can be modified at any time. However, a parent must show the change in circumstances requires a modification to meet the best interest of the child.
What Type of Child Custody Arrangement will the Court Order?
The exact child custody arrangement will depend on the specific case. A judge will make a determine on two types of child custody: physical and legal child custody.
Physical child custody determines where the child permanently resides. Sole physical custody grants one parent the right to live with their child. The other parent only receives the right to visit their child according to a visitation schedule.
Joint physical child custody allows a child to live with both parents. Each parent has 50 percent of their child’s time. The child may live with one parent during the school year or during the summer.
The other type of child custody is called legal custody. This does not determine where the child lives, but how they are raised. Sole legal custody allows one parent to make all the decisions about whether their child will attend a private school, practice one faith or receive certain medical care.
Joint child custody is granted to both parents. This gives each parent the legal right to make decisions about how their child is raised.
A parent can have sole physical custody, but share legal custody with the other parent. A parent can have sole physical and legal custody. Each parent can have joint physical and legal custody. Each decision depends on the circumstances and what is in the child’s best interest at that time.
Contact a Brooklyn Child Custody Attorney to Discuss Your Child Custody Case
You are probably scared the worst will happen. No one wants their child taken away from them. No one wants to visit their child or not be able to make decisions about how they are raised.
The first thing to do in a child custody case is to remain calm. The next is to contact us about your child custody case. We will explain your child custody options and fight for you and your child. Let’s discuss your child custody case during an initial case evaluation.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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