Although most understand what child custody is about, many do not realize the complexities of each individual case. The courts in New York deal with these cases on a daily basis, and without the help of skilled Manhattan child custody attorneys, you might not be getting your fair share of the arrangement. Understanding the types of child custody and what is needed to satisfy the court for a favorable outcome will be your best chance to winning your case in court.
The Manhattan child custody attorney is in the best position to help differentiate between the following types of child custody cases.
Physical Child Custody
Physical child custody is the most common in the state of New York. When the parent of the child is given physical custody, they will then have the legal right to have this child reside with them. The exceptional to the rule here is if the two parents are going to be living near each other, then the judge may decide joint physical custody will suffice. Usually if the distance is too great between the parents, the judge may consider the strain on the child and rule one parent has sole physical custody.
The Manhattan child custody attorneys will draw up papers looking to get sole physical custody for the one parent, while the other will only have limited custody or visitation rights. If one of the parents is awarded sole custody, then the child spends all of the time with that parent, and then the other parent will only get to be with the child for a limited time.
Awarding Legal Custody
When one of the parents receives legal custody of the child, they then are able to make all of the decisions on behalf of the child concerning their upbringing, health, and formal education. If awarded legal custody, the parent can decide which type of school the child will attend, what religion the child will practice, and the different types of medical treatments the child can receive. If the parents are on good speaking terms, many New York judges award joint legal custody so both parents can have a say in these important decisions concerning the upbringing of the child.
Your Manhattan child custody attorneys can step in if you feel the other parent is overstepping their authority in the decision making process or making it difficult to make the right choices for the child just for spite. In these instances, your attorney will draw up papers in an attempt to get you sole legal custody of the child.
Sole Custody Award
If the parent feels that the other parent is unfit to be around the child or to be a part of the decision-making process, they can ask the Manhattan child custody attorneys to draw up papers to request sole custody. Many New York judges will hear these cases when one of the parents is considered unfit, whether due to alcohol, drug, or financial problems. By the same token, if one of the parents is now living with a person who is deemed by the court to be unfit to be around children, sole custody could be awarded.
The Manhattan child custody attorneys are experts at handling these matters when the divorce tends to be messy. If the child is being used as a bargaining chip, your attorney will present to the court the facts of the case and push for the custody to be awarded to one parent. If anything is deemed not in the best interest of the child, it could sway the courts to rule favorable for the other parent.
Joint Custody Award
When the parents no longer live together but are working amicably to share all the responsibilities of bringing up the child, this could be deemed as joint custody. This term does crossover to many aspects of the child custody cases, from joint physical, joint legal, to a little of both joint legal and physical custody. This can get messy if you are not working with skilled Manhattan child custody attorneys.
Spouses sharing joint legal custody won’t always have physical custody together. By the same token, parents that are sharing joint physical custody may be able to enjoy joint legal custody too.
Regardless the circumstances in your divorce, the Manhattan child custody attorneys will work tirelessly on your behalf to present your side of the story in a way that helps the court to look favorably on your request.
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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