BROOKLYN, New York. If you are in the process of getting divorced, child custody matters might be among the most difficult decisions you and your family will have to make. There are many factors that must be considered when making a child custody determination. The Elliot Green Law Offices, a child custody lawyer in Brooklyn, New York answer ten questions about child custody here.
- What is legal custody? Legal custody is the parental right to make decisions on behalf of your child. Parents with legal custody can make decisions about their children’s medical care, after school activities, and religious activities. In most divorces, both parents will retain legal custody of the children.
- What is physical custody? What is often at stake in a child custody decision is physical custody of the children. Usually the children will live with one parent. This parent has physical custody of the children.
- How do courts determine child custody? New York courts take into account the best interests of the children when making child custody determinations. However, these are broad ideals. Factors such as financial stability, emotional and physical health, history of violence or crime, and connection to the children can help a judge make a decision of what might be in the best interests of a child during divorce.
- Can I limit my child’s interaction with the other parent? According to The Spruce, the courts tend to view a parent’s wish to limit the child’s relationship with the other parent unfavorably. Only in the most extreme situations will a child’s relationship with either parent be limited.
- Will visitation be limited in the case of abuse? There are few situations where the courts would view a parent’s wish to limit contact with another parent favorably. If your ex has a proven history of abuse, it may be necessary for the court to put certain protections in place.
- What standards are used when courts consider the best interests of the child in a child custody decision? The courts will look at each parent’s stability, current child care arrangements, who has been the child’s primary caretaker, each parent’s past history of drugs and alcohol, mental health of each parent, physical health of each parent, history of abuse, finances, condition of the home that each parent can offer the child, educational opportunities that each parent can offer the children, and the court’s observation of the parents.
- Do I need to have my child custody case heard by a judge? No. In fact, it is often in the best interests of your family if you and your ex can come to a child custody agreement outside of court, with the help of a lawyer. When parents take a custody battle to court, the judge may make a decision on behalf of the children’s best interest that neither parent may want.
- What should I include in a parenting plan? When making child custody agreements outside of court, your lawyer will help you design a parenting plan. There are many factors that should be considered in a parenting plan—from visitation times and dates, transportation of the child to and from visitation, school, and other events, and how medical, religious, and social decisions for the child will be made.
- Can I change a parenting plan after it is approved? It is important that your parenting plan be sufficiently flexible to meet your child’s evolving needs. As your child grows, he or she may need different arrangements. It can be difficult to change a parenting plan once one has been approved by the court.
- Do I need a child custody lawyer? Child custody matters can be quite complex. It is always a good idea to seek the counsel of a qualified child custody attorney when making decisions that will affect your family for years to come. Visit the Brooklyn, New York child custody attorneys at https://www.elliotgreenlaw.com/ to learn more about your options and rights.
