If you are a resident of Suffolk county, and face the prospect of a child custody case of one type of another, there are some essential facts and factors that you need to bear in mind. This includes understanding how crucial experienced representation from Suffolk county child custody lawyers can be to advancing your legal rights.
Types of Custody in New York
There are two primary types of custody, according to New York law. Legal custody is the ability of a parent to make primary life decisions for a child. Examples of this major decisions are religion, education, and medical care.
Residential or physical custody is the ability of a parent to provide a home of a child. The parent who does not have primary residential custody of a child is entitled to visitation of parenting time, in most cases.
Both types of custody can be sole or joint. Sole custody means that only parent legally has a certain type of custody. Joint custody means that only one parent has custodial rights regarding a child.
A variety of custodial arrangements can exist. For example, parents may share joint legal and physical custody. In the alternative, one parent may have sole legal and physical custody. Moreover, one parent might have physical custody and yet both parents have joint legal custody.
Temporary Custody in a Divorce Case
Temporary custody of minor children is a primary issue addressed by a court at the commencement of divorce proceedings. In New York, one or both parents will file a motion seeking a temporary custody order, a judicial decree to be in place during the divorce proceedings. The temporary order ceases when a final divorce decree is entered in a case.
The law permits one parent to have temporary custody during a divorce case and the other to assume custody via a final divorce decree. The reality is that oftentimes the parent that obtains temporary custody ends up retaining custody pursuant to the final divorce decree.
Custody Agreement
In many cases, parents in a divorce or other type of custody proceeding are able to reach agreement regarding custody issues. In fact, courts in New York encourage parents to reach custody and visitation agreements. Co-parenting in divorce and paternity cases is crucial to the overall welfare and wellbeing of a child.
Although parents are encouraged to reach agreement, a court still reviews and approves such an agreement. The court must ascertain whether an agreement of the parents is in the best interests of a child.
Retain Skilled, Experienced Suffolk County Child Custody Lawyers
The first step in hiring experienced Suffolk county child custody lawyers is to schedule what is known as an initial consultation. Keep in mind that Suffolk county child custody lawyers typically do not charge a fee for an initial appointment with a prospective client in a child custody case.
During an initial consultation, legal counsel will provide you with an evaluation of the issues you face in regard to child custody and other matters. You will be able to raise any question you might have about your case.
