Helping New York Families for Over 60 Collective Years
Exceptional Solutions for You & Your Loved Ones
New York Joint Custody Lawyer
Sharing Parental Responsibilities & Decision-Making
In previous years, it was a given that one parent would be given custody of the child. This was typically the mother and was an all-inclusive type of custody - giving them both physical and legal control. This, however, has changed in recent years and it is becoming more and more common for courts to grant what is known as joint custody. This is done in an attempt to help the children keep close relationships with both parents as it is determined to be in the best interest of the child.
When joint custody is awarded it could be joint legal custody, joint physical custody or both - the courts awarding an arrangement that best suits the actual family. If you would like to have your legal rights protected or if you would like to learn more about what can be done to help you gain custody of your child, it is highly recommended that you pick up the phone and contact a New York joint child custody attorney from Eiges & Orgel, PLLC as soon as you possibly can.
Need a New York joint custody lawyer? Schedule your free consultation now by calling (347) 848-1850 or filling out our online form.
What Is Joint Custody in New York?
In New York, joint custody refers to an arrangement where both parents share the rights and responsibilities of raising their child.
An award of joint custody requires a great deal of cooperation between parents. Encompassed in a joint custody determination are the concepts of legal custody and physical custody.
- Legal custody: Concerns decision-making with respect to a child’s welfare, education, religious upbringing, etc. It is often referred to as joint decision-making. A grant of legal custody gives a parent the authority to make major decisions regarding the child and their well-being. Joint legal custody requires the parents to confer and collaborate in the making of these upbringing choices.
- Physical custody: Involves the child’s residence as well as the day-to-day physical care and supervision of a child. Physical custody may be shared by cooperating parents who can agree upon a schedule by which the child moves between the homes of the two parents. This division of time may be equal or disparate depending on the family situation. Physical custody is also referred to as residential custody.
When a court awards joint custody, joint decision-making is often conferred equally upon both parents. However, one parent may be granted final decision-making ability. An award of joint legal custody does not necessitate joint physical custody.
Factors Affecting Joint Custody in New York
Joint custody is only appropriate where the parents are capable of sharing responsibilities and decision-making without significant conflict. The concept of joint custody envisages a positive and collaborative relationship among divorced or separated parents. In New York, before a grant of joint custody, courts will look to the stability and amicability of the parental relationship.
Joint custody requires parents to be in consistent contact and to discuss major and difficult decisions in a productive manner. As can be imagined, two individuals who have decided to break up often cannot simply set aside their issues to co-parent in a mature and civilized manner. As a result, New York courts are generally hesitant to award joint custody.
In making this determination a presiding court may look to a myriad of factors such as:
- The parents’ ability to cooperate
- The age of the child
- The desires of the child
- The geographic distance between the parties
- The individual home environments
- The nurturing capability of each parent
- The existing relationships between each parent and child.
Ultimately, the best interest of the child is controlling.
The Benefits of Joint Custody in New York
Joint custody offers several advantages for both parents and children, provided it is a viable option and both parents are willing to cooperate effectively. Some of the benefits of joint custody include:
- Equal Parenting Involvement: Both parents remain active participants in the child’s life. This means shared decision-making in crucial matters such as education, health care, and religious upbringing, allowing each parent to have a say in the child’s future.
- Stability for the Child: Joint custody can provide a sense of stability for the child, as they maintain regular contact with both parents. Children thrive when they have consistent relationships with both parents, particularly during their formative years.
- Reduced Conflict: When joint custody is in place, both parents are required to communicate and make decisions together, which can reduce misunderstandings and conflict in the long run. For children, this stability and lack of conflict can contribute to a healthier, more well-adjusted environment.
- Preservation of Parental Bonds: Joint custody allows both parents to continue their relationship with the child, which is vital for emotional growth and development. It provides both parents the opportunity to guide their child through key life events and support them in their academic, social, and personal endeavors.
The Process of Establishing Joint Custody in New York
If you are seeking joint custody of your child in New York, the process typically involves several stages. A New York joint custody lawyer will guide you through the steps to ensure your interests are protected throughout.
- Negotiating a Custody Agreement: Many parents can reach a custody agreement through negotiation or mediation. In this case, the parents agree on terms regarding legal and physical custody, including visitation schedules and decision-making processes. If an agreement is reached, the court will usually approve it, provided it aligns with the child’s best interests.
- Court Intervention: If parents are unable to agree on custody terms, the court will intervene and make a determination based on the best interests of the child. A New York joint custody attorney will represent you during this process, presenting evidence to support your case and advocating for a custody arrangement that serves the child’s well-being.
- Parenting Plan: When joint custody is granted, the court may require the parents to submit a detailed parenting plan. This plan outlines how the parents will share responsibilities, communicate, and address disputes. The plan may include a schedule for when the child will be with each parent and the process for making decisions about the child’s welfare.
- Court Orders: Once a joint custody arrangement is finalized, the court will issue an order outlining the terms. If either parent violates the terms of the custody agreement, the other parent may seek enforcement through the court.
Modifying a Joint Custody Arrangement
It’s important to note that joint custody arrangements are not set in stone. If circumstances change, such as a parent moving far away, changes in the child’s needs, or if one parent’s behavior becomes problematic, a modification may be necessary. A New York joint custody lawyer can assist in seeking a modification of the custody agreement.
To modify a joint custody arrangement, a petition must be filed with the court, and the requesting parent must show that there has been a significant change in circumstances that warrants the modification. This could include changes in employment, relocation, or new concerns about the child’s safety or well-being.
How a New York Joint Custody Lawyer Can Help
Navigating joint custody in New York can be complex, especially if the parents disagree on key issues. A skilled New York joint custody lawyer will provide invaluable assistance throughout the process.
Some of the ways a lawyer can help include:
- Legal Guidance
- Mediation Support
- Court Representation
- Post-Custody Modifications
Having a skilled New York joint custody lawyer by your side can ensure that the custody process is as smooth and fair as possible, helping you protect your relationship with your child and secure a positive future for your family.
Whether you are seeking joint custody or need help navigating an existing arrangement, legal representation is crucial in ensuring that your rights and your child’s well-being are prioritized.
Speak with a New York joint custody lawyer today! Call (347) 848-1850 or contact us online to schedule your free legal consultation and discuss your family law needs.
Custody Lawyer Serving New York, New York
Choosing a New York City divorce lawyer is an investment in your future. You need an attorney that knows and understands the intricacies of the law. The divorce attorneys of Eiges & Orgel, PLLC have the experience you need to protect your interests.
At Eiges & Orgel, PLLC, we have over 60 years of combined experience that we bring to the table. We are AV® rated and been rated as "excellent" from Avvo.com. This is the level of experience and proven results that you need when you are facing a divorce. We strongly believe that our firm is different from the average firm because we mostly operated on a fixed fee schedule - allowing our clients to know the cost of the process before they commit. We are also committed to providing personalized assistance when it matters most, helping our clients with individualized answers during this trying time.
To learn more about joint custody and what can be done, please contact a New York custody lawyer.
What Makes Us the Right Choice
-
AVVO Ranked Superb & "Clients' Choice" Winner
-
AV® Rated by Martindale- Hubbell®
-
Resolved Over 3,000 Divorce Cases
-
Two Attorneys Named to Super Lawyers
Work Directly With an Attorney, Not a Staff Member
From Beginning to End, You Will Work With Your Lawyer
-
“Ken is just amazing to work with and knows everyone in family court.” - Seneca
-
“I received my settlement and separation agreement in 30 days after I filed for divorce!” - E. Temple
-
“I felt a rapport with you that bodes well as I move forward with this process.” - M.W.