When a couple gets divorced and they have children, there are many different factors that must be determined. Any divorce has a lot of decisions that need to be made but when there are children involved, matters become even more complicated. A custody arrangement will have to be made to determine which parent will spend the majority of time with the children and make the major decisions regarding the children.
There are two different types of custody that are primarily used in New York State. The state wants children to have healthy relationships with their parents after a divorce and will therefore usually grant joint custody, meaning that both parents spend time with the child. However, if one parent is considered a danger to the child, they will grant the more suited parent sole custody. Joint custody requires a level of cooperation and communication between the parents in order to be successful.
When joint custody takes place, one parent will have physical custody, meaning that they spend the majority of the time with the child. It is likely that this person will also have legal custody of the child, meaning that they will make the major decisions in the child’s life such as religion, medical care, education, etc.
Sometimes, a child will request to live with one parent over another. This is generally only taken into consideration depending on how old a child is. If a five year old says that they want to live with one parent, it holds less weight than a seventeen year old saying the same thing. It all depends on the situation. The court will always determine custody based upon what is ultimately in the best interest of the child.
If you have questions about child support, it may be beneficial for you to seek quality legal counsel with an experienced divorce and family law attorney.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.