Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
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Last Updated on: 28th July 2023, 07:15 pm
Navigating the tumultuous waters of divorce is seldom straightforward, more so when children are part of the equation. Upon deciding to end your marital ties, a myriad of considerations regarding your offspring’s welfare arises. The ultimate goal is to reach an equitable resolution that best serves the children’s needs, with their living arrangements or physical custody being of paramount importance.
Child custody encompasses a broad spectrum, but in essence, physical custody pertains to the dwelling where your offspring will habitually reside once your conjugal habitation dissolves. The child’s living arrangements could be under the care of either parent or, in certain circumstances, a third party, as mandated by the court. Each custody scenario is distinct, influenced by a myriad of factors that a judge scrutinizes to discern the child’s best interests.
Frequently referred to as “shared” custody, a joint physical custody arrangement implies that the child’s time is divided between two distinct households. The distribution of time spent with each parent is flexible, accommodating your family’s unique needs and long-term aspirations. The court generally views shared physical custody as the optimal arrangement for the child’s welfare, barring any situations that may deem a parent unfit for custody.
Alternatively, the court may award one parent primary physical custody, relegating the other parent to visitation privileges. A child under primary physical custody resides full-time with one parent, with scheduled visits to the noncustodial parent. The precise terms of visitation are dictated by court order. Adherence to these terms is mandatory, with noncompliance potentially leading to serious legal repercussions.
Under circumstances such as enduring substance abuse by one parent, you might petition for sole physical custody, arguing that the risk posed to the child by the other parent’s addiction warrants such an arrangement. Should the court find a parent unfit for custody, visitation rights might still be granted, albeit under restricted conditions or complete prohibition in extreme cases such as domestic violence.
Each custody scenario is evaluated on its own merits. Factors such as marriage duration, child’s age, parents’ income level, among others, play a crucial role in determining the most favorable physical custody arrangement for the child. A mutual agreement on a custom physical custody plan between you and your ex-spouse is permissible, subject to the court’s approval. Disagreements can be addressed by seeking the court’s intervention.
Divorce is a challenging phase that particularly impacts minor children, further complicated by tense relations between parents and intricate custody sharing arrangements. An unambiguous plan to guide the care and support for minor children post-divorce is hence indispensable.
Within the marital bond, custody of minors is jointly held by parents. Post-divorce, custody may either be individual or shared, with the potential for unequal distribution of time and financial responsibilities.
While they intersect, physical and legal custody differ significantly. Physical custody pertains to providing a child with a safe and nurturing living environment, whereas legal custody bestows upon one or both parents the right to make pivotal decisions for the child, regardless of physical custody status.
Beyond the proximity afforded by physical custody, legal custody allows parents to retain their decisive role in shaping the child’s future. A legal custody order also mitigates potential conflicts by specifying each parent’s decision-making responsibilities.
Understanding who holds the reins of decision-making offers a sense of security for children. A clear delineation of responsibilities prevents confusion regarding parental consultation, ideally leading to less conflict in meeting their needs.
A formal custody arrangement issued by a family court is crucial, preventing future disputes by outlining clear terms, setting realistic expectations, and delineating responsibilities.
The stakes associated with legal custody warrant professional guidance from a divorce attorney. An attorney can assist in traversing the divorce process, propose options best suited to your family’s unique circumstances, and champion for a custody arrangement that prioritizes your child’s welfare. By liaising with your spouse, your attorney can diffuse tension and concentrate on securing your child’s best interests. If custody negotiations necessitate litigation, your attorney will represent your interests and those of your child effectively in court.
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