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Child Custody Lawyer Albany NY
The main goal of family laws is to protect people and offer them fair treatment regardless of the situations they get into. Hence, the goal of lawyers who focus on this practice area is to ensure their clients get the best deal possible when they get into a family-related problem.
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One of the most common family court matters is child custody disputes. In a nutshell, it consists of determining who becomes the legal or physical guardian of a kid. Judges need to take many factors into account to make a choice, which is where child custody lawyers get into the scene.
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Child support attorneys must get as much evidence as they can to support their client's case and make sure the kid stays in the best place for them. Anyone looking forward to learning more about this issue should keep reading this page.
Divorce & Family Legal, LLC focuses on family law matters. Clients should always hire the same firm to handle all these cases. They only need to call this law office today to schedule a free 30-minute consultation with one of its legal experts.
How Does Family and Matrimonial Law Work?
Child support cases are similar to other family law matters. In a nutshell, both parties need to agree on something, often after they separate or divorce. If they fail to get to an agreement, they would need to go through arbitration or litigation.
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It's ideal for lawyers working in Albany County to make sure both parties get a fair settlement. Depending on how people look at it, the way family law works is similar to other civil matters, such as personal injury, lawsuits, and others.
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Why? Because people first gather evidence to support their claims and negotiate, and if they fail to do so, they will go through a trial. It's worth noting that situations, such as domestic violence, are also family law matters. Naturally, they could determine who gets child custody after a separation or divorce.
Who Gets Legal Custody of Children in New York? | Child Custody Laws
Usually, it's difficult to give a straight answer to who gets child custody after a divorce. The truth is that the kids should stay where they feel the safest and where's best for them. That's the reason people in a family court need to look for evidence to support their case. In child support and custody cases, spouses could prove that the kid is safer with them, that they are unsafe in the other parent's household, or that they don't have enough money to raise them.
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Other factors, such as the parents' individual lifestyles, how they have handled responsibility for the child historically, their mental health, and if they have any harmful addiction affect the decision.
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The fact that one parent gets child custody doesn't mean that the other party won't see their kid again. When a court determines a settlement, it should also include a plan for both people to be involved in the kid's life. Naturally, this situation can become more complex when support issues come to the table. Family law cases mostly take place in family courts. Regardless of that, the Supreme Court can hear them depending on the situation.
Types of Child Custody Arrangements
There are different types of child custody arrangements. Lawyers representing parents could try to get one or the other depending on what their client wants and their chances of winning the case.
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These legal and physical custody arrangements determine who the child spends the most time with and how their life develops from now on. Here are the most common ones:
Legal Custody
Legal custody is the most common kind of arrangement. In this case, people refer to who is responsible for child-related decisions. Most of the time, the parent with legal custody of a child is the one who will live with them, too.
It's worth noting that this doesn't mean the other parent won't get a voice when it comes to the decisions of their children. However, they won't have the upper hand in such discussions. The extent of this custody will depend on the kid's best interests and what the court states.
Physical Custody
When one parent gets physical custody of their child, that means they decide where the kid will live. They are the ones responsible for taking care of the kid's physical and emotional needs. The other party should get parenting time, too, unless the parent suffers from a harmful addiction.
Unlike what many people think, getting physical custody of a child doesn't always mean being legally responsible for what happens to them. It's true that, indeed, that's the case most of the time. Nonetheless, it doesn't have to be like that all the time, and there are several exceptions to that situation.
Shared Parenting
The family law allows parents to engage in shared parenting if they think it's the best way to handle the situation. What happens here is that both parties will get physical custody of the child, which means they will live with both of them depending on the week.
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It's up to each person to organize their schedule with the child. They could get one week and one week or split one into two parts. There shouldn't be any problem, as long as the parent meets the criteria for having a safe household for their kid. If they don't, this plan may not apply to them.
Bird's Nest Custody
Although this is not as common as the others, people can get bird's nest custody depending on the case. What happens here is that the child will stay in one specific house. The kid won't move from there since their parents will be the ones going there and leaving from time to time.
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The main reason anyone may have to try this approach is to keep their child from moving from house to house every week. Regardless of that, bird's nest custody is not that practical for parents.
Parallel Parenting
While they are pretty similar, paralleling and shared parenting are not the same according to family law. The former means both parents have independent raising methods, while the other involves both working together.
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Though both parents will still get to attend specific events related to the child's development, the contact between them will be minimal. This is ideal for people who didn't break up on good terms.
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All the options listed on this page could work depending on the case. What's important here is that both parties need to look for the best possible outcome for the child. If there's any problem that shows they are not getting that, the arrangement should be terminated or get a modification.
Why Should You Hire a Child Custody Attorney?
When parents want to get custody of their child, the best they can do is to get effective representation in the case. Lawyers know everything there is to know about these cases, and if they are experienced in this practice area, they already know what works and what doesn't.
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Apart from that, when someone hires a child custody attorney, they can keep them updated on the details of what happens with the kid in case they want to ask for a modification in the future. These lawyers can address other family law matters related to their client's child or spouse.
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Family law cases are overwhelming and emotionally difficult to handle. Therefore, it's helpful to have an expert who can handle all the paperwork and gather all the evidence needed for the case while making things easier for them.
Divorce & Family Legal, LLC is always ready to handle child custody cases and other family law matters. Parents should call it as soon as possible to build a strong legal strategy.
Practice Areas
About Child Custody Modifications and Terminations
When problems arise, people can ask for the modification or termination of their previous agreement. In this case, the attorneys would need to negotiate the new terms for the custody of the child. If they fail to agree again, they would need to go through litigation again. People have several reasons to terminate their custody agreement. If the kid gets to a suitable age to make a choice for themself and pick where they want to live, they can terminate the settlement.
Depending on the circumstances, one of the parents could ask for a modification of the agreement. This could happen if they can prove the kid is unhappy or that the current state of the settlement doesn't offer the best outcome possible for them.
Wrapping Up
Family law cases can be overwhelming. It's difficult to cover everyone's physical and emotional needs. Besides that, not getting legal custody of their children, could make someone suffer severe psychological problems.
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Child custody cases need experts. Representing clients is not something people can take lightly, as lawyers need to do as much as they can to help their clients get a fair settlement. These lawyers can handle other family law matters, such as spousal support and divorces. People looking forward to getting physical custody of their child after the legal process ends should contact Divorce & Family Legal, LLC right away.
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Divorce & Family Legal, LLC works with lawyers experienced in New York State family cases. Therefore, it knows what to do to ensure its client's best interests.