Any distribution of assets between a divorcing couple has the potential for conflict. When children are involved, however, the ordeal can be taxing. To allay your worries, speak to a lawyer about the role of children in Albany marital agreements. A compassionate marital agreements attorney could talk you through the plan of action to secure your custodial rights and complete the process in a fair way.
Any divorce or separation that involves children is going to create some complications due to the intense emotions that are usually involved. The custodial arrangement and visitation schedule will probably also determine who has to pay child support, which can make the process even more contentious. The presence of children can prolong a negotiation, and in rare cases it might even lead to one parent using children as a pawn against the other. However, children should not be used as a tool in Albany marital agreement proceedings. If the parents cannot come to an agreement regarding child visitation schedules, a judge will ultimately have the final say on how it is implemented.
A lawyer could help explain the two different types of custody that exist for children: legal and physical custody. They could also use their experience with other cases in the past to provide suggestions or clarifications on how to draft an agreement in Albany with consideration for children’s wellbeing. Due to the potential for intense emotions, it is unwise for a parent to enter into negotiations without a legal advocate by their side to keep everything on track.
The legal system is always looking for what is in the best interest of a child when determining what their life looks like after a divorce. They will typically consider who is the child’s primary caretaker – meaning the person who feeds and bathes them, helps with school work, takes them to appointments and events, among other things. They also determine which parent is more likely to facilitate a strong relationship with the child.
In New York, a child is also appointed their own attorney who acts on their behalf. They might need to confer with the children’s physicians, counselors, teachers, or principals depending on whether there is a question of who should get custody. They piece together how well the child is thriving and gather any important records, such as medical or educational, that shed light on their life. The children’s lawyer plays an important role in contributing to marital agreements in Albany.
Children who are from a previous marriage are not always affected by there same agreements or custodial rights. They are not a product of the marriage and thus may not be required to spend equal time between parents. Their primary caretaker will be the parent who brought them into the family. In some cases, however, a judge will take into consideration the genetic relationship between siblings, if there is one, preserving their time together. This may or may not be part of the same custody agreement but should be kept in mind.
It might be difficult to determine if a child is considered an asset or an expense. While someone might be receiving child support and also have the ability to claim them as a dependent on their tax returns, children can cost a lot of money to properly care for. While children are not considered property in the same way that homes or valuables are, the ability of one parent to afford their care can be a factor in custody decisions.
A divorce does not need to involve a heated custody battle. With professional lawyers involved, you and your partner could determine your child’s future calmly and equitably. Reach out to a lawyer to discuss the role of children in Albany marital agreements. You have the power to secure your child’s wellbeing and prevent the process from taking an emotional toll.
Colwell Law
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