How to Handle Child Custody During Divorce in NY - What to Do

While divorce is often emotionally draining, it can complicate things when children get involved. Both parents must decide on the intricate details related to this legal process, including child visitation and custody, before a judge finalizes the divorce.

When spouses start to think about what's best for their children, civilized discussions can quickly turn into heated disputes. The emotional stress alone is enough to cloud judgments and make matters worse. This is why it's crucial to seek legal assistance.

Divorce & Family Legal, LLC has experienced divorce lawyers who have been helping parents navigate the complex child custody laws in New York. They provide their clients with respectful and compassionate representation while taking steps towards securing a favorable outcome. They can provide assistance with how to handle an uncontested divorce in NY.

Divorce is a big step for both the child and each spouse, especially when custody and parenting responsibilities are at stake. This guide will explore everything parents need to know about child custody laws in New York, helping them make an informed decision.

Understanding Child Custody in New York

Child custody in New York comes down to two essential questions, and understanding them can help spouses navigate this overwhelming process. They include the following:

1. Who makes the big decisions about a child's life?

2. Where will the child actually live day-to-day?

When it comes to child custody, there are two main types, and they are as follows:

Legal Custody

This is when the parent seeks the rights to make important decisions about their child's education and health care. Parents can share this responsibility (joint custody) or handle it alone (sole custody).

Physical Custody

This is when the parent seeks the right to care for their child. It includes providing shelter, food, and other necessities.

Sole physical custody means a child lives with one parent more than half the time, while the other parent gets scheduled visits. Joint physical custody splits time more evenly, often 50/50.

However, the judge may impose certain conditions on both parents, such as living reasonably close to each other.

That said, the court has the power to set a visitation schedule if the parents cannot decide among themselves. If a non-custodial parent refuses to return a child who is visiting them and the other parent has a custody order, they can contact the police for help. In extreme cases, this refusal may warrant legal action.

Who Is Eligible for Child Custody in New York?

Most parents assume custody battles come down to proving who's the better parent. In New York, it's actually about who has the legal right to ask for custody in the first place.

There are several people who can be eligible to seek child custody rights, and they include the following:

• Biological parents

• Domestic partners who aren't married or haven't adopted

• Grandparents, relatives, or close friends (extraordinary circumstances)

In New York, the law protects parental rights first before evaluating what’s best for the child. However, in extraordinary situations like abandonment, persistent neglect, and parental unfitness, the court may grant grandparents, relatives, or other parties child custody rights.

Grandparents can also seek temporary custody without the need to go to court. This lets them make decisions about the child's school and medical providers.

Who Gets Child Support in New York?

It depends. In case of sole custody, the parent who is responsible for caring for the child may receive child support. However, the parent with a higher income may have to pay child support in the event of joint custody.

How to Prepare for a Custody Dispute in NY

Parents need to think like a judge if they wish to increase their chances of a successful resolution. When preparing for a custody dispute, they must think about what's best for their child.

There are several steps parents can take for a favorable custody battle outcome, including the following:

• Maintain documents: A written account of a child's routines and activities can help judges make a better decision. Parents must maintain important documents, such as school records and medical appointments, to show that they are responsible.

• Gather evidence: Some divorces may happen due to domestic violence or substance abuse. If that is the case, the affected spouse must gather sufficient evidence to prove the other parent's violent or substance abuse tendencies to strengthen their child custody case.

• Demonstrate a positive relationship: Not all divorces are messy. During this tough time, parents must work together to reduce the impact of the divorce on their child's life. A positive relationship between both parents following a divorce is a good sign that could result in a favorable outcome.

• Create a detailed parenting plan: Parents must also show that they are committed to raising their child in a healthy and responsible manner. A detailed parenting plan that explains why they should receive child custody rights may sway the decision in their favor.

• Get references: References can strengthen a child custody case. Testimonials from the child’s teachers and doctors act as supporting evidence, enabling the judge to make an informed decision.

• Seek legal help: Divorce can be a complex legal process. Consulting with an experienced New York divorce lawyer helps overcome the challenges while securing a favorable outcome.

What Are the Factors That Can Affect Child Custody?

There are several factors that can affect custody arrangements. The court considers the following before making the final decision:

• Child's age

• Child's wishes, especially if they are older than 12 years

• Involvement of older children in the child's life

• The living conditions each parent can provide

• The emotional and physical health of each parent

• History of drugs or substance abuse

• Relationship of each parent with the child

• The time each parent gives to their child

• Character of each parent

• Willingness to co-parent

• The financial situation of each parent

Due to the visitation decisions enforced by the court, a child may go through a significant change in their emotional and physical well-being. The judge understands that, which is why they will consider all of the different factors before deciding who gets custody.

How to Handle Child Custody During Divorce in NY

There are two ways parents can handle a child custody case in New York, and they are as follows:

Mediation and Negotiation

When both spouses want to resolve issues amicably, they may choose a third party to mediate the resolution. During mediation, the mediator tries to understand each side while helping the parents find common ground.

Unlike filing a child custody case, mediation is typically faster. It's also less expensive, and the parents get to decide what's best for the child. Once they've arrived at a mutually-decided agreement, they can submit the paperwork in the relevant court for approval.

Going to Family Court

When parents fail to reach a conclusion, going to trial may be the only option to pursue. This legal process involves filing court papers, building a strong case, and providing supporting evidence. Spouses may call witnesses to testify.

In this legal process, courts often appoint an Attorney for the Child to represent the child's interests. In some cases, judges may ask for a mental health assessment by an experienced medical professional.

While going to court or trial can be time-consuming and expensive, it's often the best option in messy divorces involving domestic violence or substance abuse. For more information, family attorneys in Albany may be able to help.

Need Help with Child Custody in New York? Schedule a Free Consultation Today!

Marriages can end for many reasons. What's important for both parties is to keep their differences aside and work together to ensure the best interests of their kids. However, in reality, things can be much different. Our team can consult on how to handle property division in a divorce in NY as well.

If you're going through a divorce and need help with child custody in Albany, NY, call us to schedule a free consultation with an experienced divorce attorney today. We can help you understand custody and visitation rights while guiding you through this complex legal process!