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NYC Child Custody Lawyers

Understanding New York City’s Child Custody Laws

New York City’s child custody laws are outlined in section 240 in the state’s domestic relations law. The child custody issues are separated into two custody areas: legal and physical child custody. According to the child custody laws, no parent has an advantage because of their gender. For instance, a woman does not have an advantage in a child custody case because she is the child’s mother.

What is Legal and Physical Child Custody in New York City?

When parents are no longer together, the decisions they would normally make as a couple would have to be granted to them. Legal and physical child custody are the rights that must be granted to each parent by a judge.

Legal Child Custody

Legal child custody is the parent’s right to make decisions about their child. These decisions range from where they attend school to if they are in an afterschool program or will have braces when they reach a certain age. A judge can grant one of two types legal child custody arrangements: sole and joint.

  • Joint legal child custody: Granted to both parents. They have the right to make these important decisions about how their child will be raised together. If they cannot resolve the issue, they can seek help from the court by filing a motion.
  • Sole legal child custody: Granted to only one parent. For instance, the father may receive sole legal child custody. This means only that parent has the right to make these important decisions.

Physical Child Custody

Physical child custody involves where a child will live while growing up in New York City. The other term for physical child custody is residential custody. Physical child custody is just like legal child custody, it is separated into sole and joint custody.

  • Sole physical custody: Gives one parent the right to live with their child all the time. The other parent receives visitation rights. Visitation rights allows the parent to visit with the child according to a predetermined schedule such as on weekends.
  • Joint physical child custody: Granted to both parents. The parents receive equal time with their child. The child lives with each parent 50 percent of the time. The exact schedule is also predetermined.

Physical and legal child custody are granted separately. This means that a parent will not automatically receive legal custody if they receive sole physical custody. The child custody arrangements may vary according to the facts of the case. For instance, parents can receive joint physical and legal custody. In another case, a parent can receive joint legal custody, but sole physical custody.

A Judge Grants Physical and Legal Child Custody Based on the Best Interest of the Child

What’s child custody arrangement is in the best interest of the child? That is the question a judge must answer. To answer the question, the judge must consider several factors. These factors include, but are not limited to:

  • Each parent’s ability to care for their child
  • Any history of domestic violence
  • Each parent’s work schedule
  • Each parent’s physical wellbeing and mental health
  • Each parent’s ability to work with the other parent on parenting decisions
  • The child preference (if they are of age to understand what is happening)
  • If the child has any other siblings and where they reside

Need Help with Your Child Custody Issue in New York City? We can Assist You.

Your child’s needs are the focus of our case. We will not forget about your needs as well. You need to spend time with your child and make important decisions about their upbringing. We will represent you while focusing on what’s in your child’s best interest. Contact us

As the beating heart of the United States, New York City is home to some of the most complex and nuanced child custody laws in the country. Embodied in Section 240 of the state’s domestic relations law, these laws seek to provide a fair and equitable framework for determining the legal and physical custody of children whose parents are no longer together.

At the core of these laws are two distinct forms of child custody: legal and physical. Legal custody refers to a parent’s right to make important decisions about their child’s upbringing, such as where they attend school, whether they participate in after-school programs, or whether they receive orthodontic treatment. Physical custody, on the other hand, pertains to where the child will reside and who will be responsible for their day-to-day care.

In New York City, legal custody can be awarded in one of two ways: as “sole” or “joint.” In a sole legal custody arrangement, one parent is granted the right to make all decisions about the child’s upbringing, while in a joint legal custody arrangement, both parents have an equal say in these matters.

Physical custody, too, can be awarded as either sole or joint. In a sole physical custody arrangement, one parent is granted the right to live with the child on a full-time basis, while the other parent is granted visitation rights. In a joint physical custody arrangement, both parents share equal time with the child, with the child living with each parent for 50% of the time.

It’s worth noting that legal and physical custody are not always awarded together. For example, a parent may be granted joint legal custody but sole physical custody, or vice versa. Ultimately, the specific child custody arrangements will depend on the unique circumstances of the case, with the ultimate goal of providing the best possible outcome for the child.

When it comes to determining the best interest of a child, few decisions are as weighty as those surrounding child custody arrangements. In these delicate cases, a judge must consider a myriad of factors, including but not limited to: the ability of each parent to provide for their child, any history of domestic violence, the parents’ work schedules and physical and mental health, their ability to co-parent, the child’s own preferences (if they are of age to understand the situation), and the presence of other siblings.

It’s important to remember that the child’s needs are at the forefront of the case, but the parents’ needs must also be taken into account. After all, parents need to spend time with their child and make important decisions about their upbringing. That’s why it’s crucial to have a skilled NYC child custody lawyer on your side, fighting for your rights and working tirelessly to ensure that what’s in the best interest of the child is also in the best interest of the parents.

When parents are unmarried and unable to come to a mutual agreement on child custody issues, the courts step in to make decisions about custody, parenting time, and child support. The New York courts have the power to award both legal and physical custody. Legal custody pertains to who makes important decisions about the child’s upbringing, such as where they go to school, what religion they practice, and what medical care they receive. Physical custody, on the other hand, pertains to who is responsible for the day-to-day care of the child.

In most cases, the court awards both legal and physical custody to one parent, with the other parent being granted parenting time. However, it’s not uncommon for the court to award shared legal and physical custody, or for the court to place certain conditions on parenting time, such as transportation or restrictions on alcohol or drug use.

When it comes to determining custody, the court conducts a trial and hears evidence, then makes conclusions of law based on what’s in the best interest of the child. The court takes into consideration a wide range of factors, such as which parent spends more time with the child, the child’s home environment, and any substance abuse or mental health concerns that may impede a parent’s ability to parent.

In short, the courts take a holistic approach when determining child custody, taking into account the well-being of the child, the parents’ ability to provide for and care for their child, and any other relevant factors. With the help of an experienced child custody lawyer, parents can navigate this complex process with confidence and peace of mind.

Winning a child custody case in family court requires a strategic and thorough approach. You must gather and present evidence that favors your case, making clear and compelling arguments to the judge about why the outcome you are seeking is in the best interests of the child. Our NYC child custody lawyers have the experience and knowledge to guide you through this process, from preparing and presenting evidence in court to asking the right questions and forming persuasive arguments.

It’s important to understand that the court looks at the entire situation as a whole, and there is no single factor or characteristic that will decide a custody case. Instead, you must present a comprehensive picture of the child’s welfare and the best possible custody arrangement.

Our NYC child custody lawyers can also assist with establishing or modifying child custody orders. We can help you navigate the different forms of custody, including legal and physical custody, and the consequences that each type brings to the family. With legal custody, the responsibility for making decisions about the child’s care is granted to one or both parents, while physical custody determines where the child resides.

In New York City, child custody cases can be emotionally charged and complex. By working with our experienced NYC child custody lawyers, you can be better prepared for the custody battle and increase your chances of achieving the outcome you desire for you and your child.

Joint and Sole Custody in NYC Family Law

In cases where one parent proves unsuitable as a parent, the other parent or another suitable guardian will be granted sole custody. There are a number of reasons that a parent may be denied legal and/or physical custody of their child. The individual may have exhibited risky behavior, such as drug abuse or multiple DUI arrests, or the parent may have a record of violent outbursts. If he or she has been in frequent bar fights or has been charged with domestic abuse, these factors may prohibit the court from granting custody.

In cases where a parent has been denied custody, an experienced family law attorney may be able to convince a judge to grant parenting time, also known as visitation rights. This is a weekly visitation that allows the parent and child to spend time together. Parenting time can either be supervised or unsupervised, but, in either case, the parent is required to abide by court-ordered stipulations. For instance, the parent will likely have to have the child returned to the custodial parent at a predetermined time.

Joint custody, on the other hand, gives each parent equal time parenting the child, which may involve raising the child on a day to day basis. Typically, the custody of the child will be divided up by days of the week with parents alternating weekends and vacation time. While each parent has custody of the child, he or she will be responsible for making sure the child goes to school, is treated for medical conditions, and has his or her basic needs met.

Due to the requirements of parenthood, the court will look at each parent’s financial situation, before agreeing to grant joint custody. The parents must each be able to provide a quality standard of living for the child and be mentally capable of making decisions related to the child’s welfare. Additionally, the parents must each be reasonably available to the child, so parents’ work schedules will also play a factor in the court’s decision.

Custody arrangements are never simple and require the courts in New York City to look at complicated issues. For that reason, parents should seek out their own legal advocates, experienced professionals who are educated in family law. This will help to make sure everyone’s rights are protected and the child receives the best possible care.

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