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Child Custody in New York

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Child custody laws in the state of New York

For divorcing couples with children, child custody is probably the most urgent concern regarding their divorce settlement. The final outcome will not only affect their children's future and overall well-being, but it will also have a significant impact on their own lives and parental role.

If either of you feels that your role as a parent is threatened – so that there is a risk of losing the chance to be close to, guide and influence your child, then things can escalate to a long and bitter battle, and your child(ren) will be put in the middle.

Instead, in divorce mediation we can help you find a structure that both of you can live with and at the same time encompasses your child’s best interests and ensures that both you and your co-parent maintain your important parental roles. By taking the mediation path, you will stay in control over your children's future and not let the court decides what's best for them.

If you unsure of whether or not divorce mediation may be right for you, we invite you for a free no-obligation consultation where we will examine your case and explore your options.

Call 866-287-2847 to schedule a free consultation or

Schedule a free consultation

 

Determining Child Custody and Parenting Plan in New York

The state of New York laws regarding child custody are focused on ensuring child's best interests. Whenever a child custody case is brought to the court many factors will be taken into consideration - the child's wishes (if he or she is 14 or older), financial stability of both parents, maturity, atmosphere in the home, availability, morals and ethics, past structure for the child, how he/she is doing in school and in life, the willingness of each parent to act as a solid parental figure and, a cruicial factor - each parent's willingness to foster a full and healthy relationship with their child's other parent. 

 

The word “custody,” as used in the divorce context, has two components – Physical, or Residential Custody – which means the child’s schedule for spending time with each parent – and Legal Custody – which means decision-making for major decisions, for the child.

 

Sole Child Custody

A parent with sole child custody has the child at his/her home for the majority of nights each month. The other parent will see the children according to an agreed-upon schedule. The sole custodial parent also has the primary right to make major legal decisions concerning the child’s life, although the other parent may weigh in, and participate in gathering and evaluating information.

 

Joint Child Custody

Joint custody refers to legal custody and means that the parents have equal rights when it comes to making big decisions for their children including child care, education, religious upbringing, medical and dental care, trips, extra-curricular activities, competitive sports and recreation.

 

Shared Child Custody

In shared child custody, both parents equally share legal and residential custody of their children, with each of their residences considered a main home to their children. Each parent also has equal rights when it comes to making major decisions for their children.

If you have any questions concerning the custody of your children, don't hesitate to contact us. One of us will get back to you with concrete, honest and professional answers in the next 4 business hours.

 

Parenting Plan and Mediation - You Stay in Control

Divorce mediation keeps you in charge of your children's future. By using divorce mediation to reach an acceptable parenting plan you make sure the decision remains in your hands, as opposed to having a judge make these decisions for you.

Taking the mediation path will ensure that the final agreement will not only be in your children's best interests, but it will help you maintain your parental role and keeps the communication lines open for the future well-being of your children. 

 

Call 866-287-2847 to schedule a free consultation or

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