Sharing custody of your child after a divorce or separation is usually the best-case scenario for all involved. However, getting to that point can be contentious or confusing. Fortunately, you have resources at your disposal to help make the right choice. A legal professional could help you navigate the difficulties of shared child custody in Albany and find an arrangement that is fair to all. A dedicated attorney could be your advocate as you fight for a resolution that ensures 50/50 child custody.
If one parent is the primary custodian, they will be able to declare the child for tax purposes. If one party is paying child support or there is joint custody, they can alternate every year on who gets to declare the child. These negotiations should be put down in a written agreement, and they need to fill out certain forms in order for this arrangement to be effective at the federal level. If they do not have a pre-written agreement, they might have to get the IRS involved.
If a couple is divorcing, the process is made easier because there are usually specific tax sections in a divorce agreement. They can choose to modify it afterwards in family court. In New York, parties do not need to go to the state Supreme Court to reconcile their custody issues – family court can allow it to move forward quickly. If two partners were never married, they can put their tax agreement within the broader custody agreement so that they do not have to deal with it later when taxes are being filed. Thus, there are multiple ways to navigate the tax difficulties of joint child custody in Albany.
Generally if one party makes more money than the other then that person should be paying child support. However, further negotiation can sometimes deviate that order down to zero. This is a situation where it is important to have a lawyer so that one party is not stuck paying child support in addition to the 50/50 responsibilities that comes with having the child living with them part-time.
Many people in Albany do not know what they are looking for in a child custody arrangement or what a reasonable schedule should look like. Because a lawyer has seen so many schedules and negotiated agreements many times before, they could use their experience to tailor these agreements for the party they are representing. If a parent has a particular schedule or work shift, lawyers could ensure that they will not have to give up custodial time or adjust their job in order to receive a fair schedule.
Parents should also accept that they cannot simply demand every advantage and all available custody time. Unless the other parent has a serious drug, alcohol, or violence problem (or does not have the financial or residential capabilities to keep custody), the division of custody must remain roughly balanced between the two. A local lawyer could help someone navigate the difficult discussions about shared child custody.
New York case law has made the assumption that – excluding any dangerous factors – it is in the child’s best interest to have equal access to both parents. A lawyer could help counsel a parent through this determination and come to an understanding so that there is minimal friction with the other parent and a hassle-free lifestyle for the child.
Emotions can run high when determining major life decisions for your children. But they do not need to result in fights or legal challenges. Work with a lawyer to navigate the difficulties of shared child custody in Albany so that you can bring them to a smooth conclusion. Reach out to learn more about the intricacies of child custody laws.
Colwell Law
N/a
(518) 462-4242
200 Great Oaks Blvd