A custody battle is one of the most challenging and stressful experiences a parent can go through. As a parent, you will seek to protect your legal rights while fighting for your child’s best interests at the same time. With so much at stake, you want skilled legal representation every step of the way.
When preparing for a custody battle in New York, a knowledgeable custody lawyer can help you understand what to expect and how to pursue your long-term goals. At Colwell Law, we’ve helped others in your situation and will aggressively pursue a favorable outcome for you and your children. To learn more about building a custody case, call our dedicated legal team today.
New York child custody law under New York Domestic Relations Law § 240 prioritizes the best interests and well-being of the children involved in a custody case. When reviewing the facts of a case, state law requires courts to make findings on a child’s best interests before deciding on custody.
In general, custody involves two types:
Legal custody refers to a parent’s right to make major decisions for the child’s welfare. Decisions on education, healthcare, religion, and other key issues fall within legal custody. Courts often prefer joint legal custody to encourage collaboration between parents, but sole legal custody is also proper in some circumstances.
Physical custody is distinct from legal custody and refers to where a child lives. If a child primarily lives with one parent, that parent would have primary physical custody. Physical custody can be sole or joint, depending on where each parent lives and a variety of best-interest factors.
The question of joint custody vs. sole custody can have long-ranging implications for parents and children. Joint custody means both parents share in the responsibilities involved with raising a child and making important decisions. For joint custody to work, both parents must be able to communicate and co-parent effectively.
Sole custody means that one parent maintains exclusive rights to make essential decisions on a child’s care and upbringing. This arrangement can be necessary based on the facts involved in some cases.
When preparing for a custody case, you and your lawyer will set clear goals about which forms of custody should be sought. Your attorney will also help collect the evidence needed to make your case.
State law requires courts to consider several factors before making rulings on child custody. Some important factors include:
When preparing for your custody case, it is essential to stay active in your child’s life, document everything, and consider ways to resolve ongoing issues with the other parent. A dedicated New York child custody attorney can help guide you.
Preparing for a custody battle is never easy and requires careful effort each step of the way. With the long-term consequences involved, you do not want to prepare on your own – trust an experienced child custody lawyer at Colwell Law to help you understand the process. Call our legal team today to schedule your consultation.
At the Colwell Law Group, our number one priority is always our clients. The members of our team have decades of combined experience in negotiating and trying family law cases. We are able to use our experience and our knowledge of the courts and New York family law to act as advocates for our clients. Our lawyers are dedicated to serving our clients’ best interests while also allowing them to feel heard and understood. We want to ensure that they trust us and understand why we do what we do. Colwell Law has numerous attorneys who are experienced in Family Law that can help put you at ease. Call for a consultation.
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