When parents want to separate in New York, determining how their children will be cared for is the single most important decision they face. Custody is generally divided into two categories under the law: legal and physical. Legal custody is the right to make important decisions regarding a child’s schooling, healthcare, and religious training.
Conversely, physical custody is when the child resides with one parent daily. While New York courts prefer arrangements with active roles from both parents. Child safety and emotional well-being will always take precedence. For those who are not quite sure which direction suits best in a family situation, we recommend booking a consultation with our experienced legal team.
Exploring Joint Custody Options
Joint custody provides the two parents with equal responsibilities. Shared legal custody means both parents must discuss and reach an agreement on important decisions in the child’s life. The ‘end’ home may be with either parent, even if one is only a part-time parent. However, the other also retains a voice in any important decisions.
In addition, parents can share joint physical custody whereby the child divides his week evenly between each house. This arrangement needs good communication and great cooperation from both sides to make the child’s transition less painful. If you are looking to negotiate a complete parenting plan that safeguards your rights, please see our Divorce lawyer services.
When Courts Award Sole Custody
Sole custody is when one parent has complete power over day-to-day decisions. Without needing to consult or get approved by the other. If the joint custody will create disorder and an unstable or unsafe environment for the child, a judge may award sole legal and physical custody. If one parent suffers from substance abuse, domestic violence, or egregious neglect. Then the court will grant full custody to the sober, non-violent, nurturing parent.
In instances of sole custody, the non-custodial party will be granted visitation time. Except in situations where a judge has determined that contact would actively endanger or harm the child. When it comes to high-stress situations such as this, you need a strategy with a firm grasp on family law. Contact us today to explore your legal options if you must obtain sole custody of your children in order to protect them.
Real-Life Examples and Cost Considerations
The first step of filing a custody petition does not require a court fee. However, the total cost for handling such cases varies widely on whether there are high-conflict circumstances. Joint custody in a simple, agreed case usually costs between three and five thousand dollars. But a high-conflict sole custody battle will easily cost much more.
You want to have strong representation so you can present the best evidence possible in front of a judge. So feel free to reach out to our office, discuss costs, and create a plan that still yields the results required for your case!
Finalizing Your Future Custody Plan
After the custody order is signed by a judge, both parties are legally bound to whatever language appears on this document. Failure to fully comply with its provisions can result in penalties for contempt of court or having their circumstances modified against them.
Consequently, the language in your ultimate settlement agreement or court order will determine what is and isn’t going to be a part of your family’s daily life. Drafting a clean, clear, future-focused agreement today spares you stress and costly trips back to court tomorrow.
However, if you already know that some boundaries need to be set before the marriage starts, why not check out our Prenuptial Agreement services in NYC? The Law Office of Olena Manilich is here for you and your children through each step along your journey.
