Child custody is primarily defined as determinations that involve a minor child. In the event that a custody arrangement is in place and one of the parents have intentions of modifying it, they will have to prove that there has been a notable material change in circumstances. This should be significant enough to make the courts change their decisions. As could be the case where one parent is moving to another state and want to take the child with them, during a divorce or in cases that one parent cannot cater to the child sufficiently. In such cases, the need for a child custody attorney is much needed.
There are many divorce lawyers in New York. Finding the right New York Child Custody lawyer, one who fights tirelessly and negotiates for your best outcome is important. FAAN has earned the reputation of being one of the best Child Custody law firms in New York.
Differences Between Physical and Legal Custody
Physical custody is the responsibility of providing the child with a home. It is sometimes known as residential custody. A parent who has physical custody of his or her child provides a place to sleep, food, access to household goods and utilities, and an overall nurturing environment for the child in his or her home. Parents who do not have physical custody of their children may have visitation, court-ordered time together to maintain consistent relationships with them.
Legal custody is the responsibility to make important decisions on the child’s behalf, such as choosing the school the child will attend, determining the religion in which the child will be raised, and making medical decisions for the child.
Physical custody and legal custody exist independently of each other, though a parent can have both. Having physical custody of a child does not guarantee that a parent has legal custody of him or her and vice versa.
What is Joint Custody?
Joint custody is typically the preferred way for the court to award a child’s parents custody. With joint custody, both parents have the rights and responsibilities associated with raising a child.
Joint physical custody means that the child lives with one parent 50 percent of the time and the other parent 50 percent of the time. In an arrangement like this, one parent may still be required to pay child support to the other to help with the costs of providing for the child.
Joint legal custody means that both parents have the right to make important decisions on their child’s behalf. It also means that they must agree to decisions before any legal action, such as authorizing surgery or transferring the child to a new school, can occur. For joint legal custody to be possible, parents must be willing and able to work cooperatively to make beneficial decisions on their child’s behalf.
What is Sole Custody?
In arrangements where the child spends more time living with one parent than the other, that parent has sole physical custody of the child and the other parent has visitation. A parent with sole physical custody of his or her child is typically the parent who can claim the child as a dependent on his or her tax return, but the other parent may claim the child if such permission is written into the parents’ divorce settlement or if the parents submit Form 8332 with their tax returns. Only one parent may claim the child as a dependent.
Sole legal custody means that one parent has decision-making power regarding the child’s healthcare, education, and other “big” issues in the child’s life. The other parent may make small decisions during his or her custodial time with the child and he or she may have an input to these bigger decisions, but ultimately, the parent with sole legal custody has the final say regarding any legal decisions involving the child.
FAAN are Experienced New York Child Custody Attorneys
First we, at FAAN Law Firm, are experienced New York Child Custody attorneys. We have a proven record of excellence. An experienced attorney will provide you with the much needed legal advice to help you through the process.
Always remember that child custody is arrived at after careful considerations. It is a legally binding agreement that is permanent for stability of the child. This means that changing the agreement can be quite hard, and you need New York Child attorney who is nothing short of competent and thorough to help you through the process.