New York child custody laws are especially important to keep in mind and anyone who decides to file for divorce when they have kids should understand these rules properly, especially when there is an abusive parent involved. It is integral that a person only speaks the truth during the child custody process because if they fail to comply, they will make their words a lot less credible and make the situation worse for themselves and their kids.
The court may award custody in many ways. They may award physical custody or legal custody. Physical custody means that one parent becomes the custodial parent, and the children live with them and the non-custodial parent is given custodial rights. The child gets access to both parents but will reside with one person. The only case in which the non-custodial parent will not be granted visitation rights is if the court believes that this is not in the best interest of the children.
New York child custody laws also grant legal custody, this means that parents have the right to decide the educational, health, and religious decisions for their children. If parents are granted joint legal custody, they will both oversee these decisions. If they are granted sole legal custody, then only one parent will get to make these vital decisions.
During the divorce process, one parent or both parents will be given temporary custody until the court makes their final decision.
Factors considered when deciding child custody in Queens, New York
Several different factors come into play when a court decides what parent should get custody of their children. The physical and mental health of the child alongside the age of the children is considered. Also, the primary caretaker of the children and the lifestyles of both parents will be studied.
If one parent was abusive or they are deemed unsafe for the children, then that parent may lose the right to have custody of their children. Divorce on its own is a very emotionally painful process, and anyone who is going through one should know they can get the support of a legal representative to make the process easier and more bearable. When children are involved in the mix, the situation becomes a lot more complex, and it can be hard to control one’s feelings and stay motivated about life when so much is at stake.
Individuals should create a parenting plan calendar to keep them on track and communicate with their co-parent after the court makes their final decision.
Get in touch with a child custody lawyer at the Law Office of Charles Zolot to get help with a divorce and child custody case.
Reach them at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640