50/50 Child Custody in Albany
Determining who retains custody of a child – especially after a divorce – is one of the hardest things that a family can go through. However, the situation can be made much less emotional if the two sides can come to an agreement. A compassionate child custody attorney could help you get there. Learn about the benefits of a 50/50 child custody agreement in Albany and determine if this is the ideal outcome for your circumstances.
What Does it Mean to Have Joint Legal Custody of a Child?
Joint legal custody in Albany means that both parents have an equal 50/50 voice in certain aspects of their children’s lives, such as medical decisions, educational decisions, and religious upbringing, and any other subject that affects a child’s wellbeing. This is where lawyers can see a lot of contention between the parties since they might have different plans for those subjects.
Joint legal and physical custody means that both parents are allowed to have their child living at their home and to make life decisions for them. This usually involves the child changing between the homes every few days.
Scenarios Where Sole Custody is Granted
There are scenarios where one party can be awarded sole legal custody, which is usually under extreme circumstances. Few people willingly give up that legal custody because they believe they have a right to raise their children. However, some parents are adamant about being unable to work with the other, and give up legal custody as a result. Sometimes there can be a hybrid decision where one person has final decision-making authority but essentially makes them the sole legal custodian without the other party giving up their rights.
When it comes to a court declaring a one-sided custody, it cannot just be because the two parents cannot get along. To bar someone from having custody, it would usually require that they were abusing drugs or alcohol, had some mental health issues, or were engaging in domestic violence. The child’s safety must come first.
Splitting Custodial Responsibilities
Legal custody of a child in Albany is not necessarily split 50/50. That is more of a function of physical or residential custody. Parties that share equal residential custody would, by default, take half of the responsibility of everyday child-rearing duties like helping with homework, medical checkups, participation in activities, and others.
There may be instances where one of the parties is not living up to their responsibilities. In that case, a lawyer could work to secure primary residential custody for the party that is fulfilling their obligations so that they do not have to put their faith in someone who is unreliable in providing a secure environment for the child. A lawyer cannot, however, force another party to take their responsibilities seriously or be more involved in their kid’s life.
What are Some Benefits of 50/50 Shared Custody?
One of the benefits of 50/50 shared custody is that each parent can still spend a significant amount of time with their child. The children are getting equal access to both parents and, in certain circumstances, might even be getting more personal time with one parent than they would have if they were all living together. In a 50/50 custody situation, this can mean that no one has to pay child support since they are sharing responsibilities already, although there might be occasional exceptions. In New York State when 50/50 custody is arranged, the parent who earns more usually pays child support for the other.
Discuss the Effects of 50/50 Child Custody in Albany with an Attorney
The most important figure in a custody discussion is the child or children. In many cases, that might mean that a 50/50 child custody agreement in Albany is the best outcome. A lawyer could advise you on if this is a reasonable expectation and how to achieve it. Place a call now to learn more about what might be possible for you.