There’s already so much at stake when you’re going through a separation. And even when you’re mediating a divorce as amicably as possible, you still need a family custody lawyer who will help you navigate complicated custody law.
In the state of New York, the court determines custody based on the “best interest” of the child when making decisions in cases involving custody, parental rights, and adoption. But there’s no standard definition of what is in a child’s “best interest,” and that’s exactly why you need a family custody lawyer.
If you’re navigating custody, a family custody lawyer can help you advocate for your rights and interests so you can protect your relationship with your children and support their well-being during this difficult transition.
How the Court Determines Custody
A family custody lawyer can help you navigate how your state determines custody. In New York state, the court uses the child’s “best interest” in making its judgment. The judge will consider several factors when determining what best serves the child and who is best able to meet the child’s needs. Examples include:
- Who is the primary caregiver?
- What parenting skills does each parent have?
- Does the child have special needs that only one parent can support?
Other factors could include whether domestic violence occurred in the home, the work schedules of each parent, and the child’s relationships with other members of the family. And if you believe your child’s other parent is a danger to them, a family custody lawyer can fight in your corner to understand different kinds of custody, increase your custody, and ultimately protect the safety of your child.
Navigate Custody With a Family Custody Lawyer
A family custody lawyer will work with you to understand the nuances of custody, which can be pretty involved. You might think child custody begins and ends with where the child resides. This is a significant part of custody, but it’s still only one component. This kind of custody falls under physical custody.
A parent has physical custody when a child lives with them more than 50% of the time. Physical custody is also called residential custody, and that parent is often referred to as the custodial parent. The non-custodial parent may be granted visitation rights, which allow them to schedule time with the child to maintain a consistent and meaningful relationship. When parents have joint physical custody, the child spends roughly half their time with each parent.
To determine when the child spends time with each parent, you can establish a visitation schedule through the court, or the two parents can create a schedule independently if both agree to do so. Depending on the degree of risk toward the child, you can fight for the other parent to have supervised visitation, which means the parent will not be left alone with the child.
Legal custody is a little different. It determines who has decision-making power over healthcare, religious practice, and education. There are two types of legal custody. Sole legal custody means that only one parent makes the decisions for the child, although the parent without custody has the right to receive medical and education information. Meanwhile, joint legal custody means that parents share decision-making power regarding the child. In this situation, parents must be able to communicate well enough to make decisions together.
During a divorce, the court places an order for temporary custody, which temporarily determines where the child will reside. Temporary custody often plays a role in who will be granted permanent custody, so it’s critical to have a child custody lawyer who will help you build your case throughout divorce proceedings.
Specific Custody Circumstances
With so many intricate legal terms at play, you need a custody lawyer with decades of experience. Beyond physical and legal custody, a family custody lawyer like Michelle Cimino can help you navigate related circumstances like:
- Child custody during the holidays
- Relocation to a different state
- Custody by someone other than the parent
Everyone’s divorce is different. Michelle Cimino is here to listen, understand your priorities, and advocate strongly for your rights in custody matters.
Speak With a Compassionate Family Custody Lawyer
When you’re going through divorce proceedings, it’s critical to understand the different kinds of physical custody and legal custody. And it’s even more crucial that you have someone who can represent your interests in court proceedings or custody negotiations.
At the Cimino Law Firm, we’re dedicated to fighting family custody battles in Rochester and Webster. Hire a family custody lawyer who will advocate fiercely for the well-being of you and your children. Contact us to schedule a confidential consultation today.
