If you are considering going through a child custody dispute, it is a good idea to hire a child custody lawyer. This is because there are a myriad of issues to take into account, and it is wise to be well-informed.
A child custody lawyer will have a great deal of experience and will help you through the process. The lawyer will also help you understand what you are entitled to during the court proceedings.
Physical custody
Physical custody is the term used to define the right of a parent to take care of a child or a minor. This right is granted to the custodial parent, also known as the primary physical custodian.
A court may award physical custody to one or both parents. There are several factors that the courts consider when deciding who should be awarded physical custody. These include the child’s wishes and the parents’ ability to provide for the child.
Most parents share joint legal custody, meaning that they share legal decision-making rights to their children. For example, they can decide on matters such as the child’s health, education and religious upbringing.
However, if the parents cannot agree on a parenting plan, a judge will make the final decision. The decision will be based on the best interest of the child. During the child’s custody case, the court may interview the child. It may also appoint an attorney for the child to argue the child’s best interests.
In some cases, the court will order sole physical custody, which is when the child resides primarily with one parent. However, this arrangement is usually limited to situations when the other parent is mentally unfit or if there is an abuse or neglect case.
Visitation privileges
In New York, child visitation rights are generally handled through state courts as part of broader family law proceedings. The court will look at the best interests of the child and will try to establish a pattern of visitation.
Some parents may be granted supervised visitation rights. A court-appointed supervisor will oversee the visits. These can be an excellent way to ensure contact between the non-custodial parent and the child. However, these types of visitation can be extremely complicated to navigate.
If you are interested in modifying your visitation rights, you’ll need to prove that your circumstances have changed since the court entered its order. Your child custody lawyer will help you determine if you’re eligible for a modification.
You can also try to arrange for mediation before you go to court. This can be a helpful way to resolve any issues that you have with the other parent. However, you don’t have to hire a lawyer to represent you at mediation. Many legal resource groups can assist you.
A judge may determine that the only reasonable arrangement for the family is sole physical custody of the child. However, it is significant for children to spend time with both of their parents. Even with joint custody, the child’s schedule may be based on the parents’ wishes.
Parenting plan
The best way to go about negotiating the best arrangement for your family after a divorce is by having a parenting plan. A parenting plan can be ordered by a judge or negotiated between parents through a child custody lawyer. This document will outline the time spent with each child, as well as the decision-making processes.
When creating a plan, it is of precedence to take into account each of the parents’ work schedules. Some parents have demanding schedules, while others travel frequently. It is also essential to consider the individual necessities of the child.
Parenting plans should also include specific instructions for how to deal with disagreements. For instance, if a parent moves to another state, the plan should outline how the other parent is notified.
In addition, parenting plans should address the costs of raising a child. These can include the costs of school tuition, extracurricular activities, and medical care. If the parents’ incomes differ, the plan may need to include a modification process for child support.
Parents can also create a plan together with a neutral mediator. This type of plan is confidential and allows parents to discuss all aspects of the situation.
In addition to the court-ordered parenting plan, there are several other forms of parenting agreements that can be created between parents. These documents are often referred to as “custody” agreements.