Child custody disputes are among the most challenging and emotional cases in family law. Deciding what is in the best interests of your child/ren requires navigating a series of complex personal and legal issues. Working with a credible Rochester child custody lawyer is the best way to reduce stress and achieve a favorable outcome. They may help you understand the intricacies of child custody and find the most suitable solution for your family.
At The Colwell Law Group, LLC, our experienced family attorneys have extensive experience representing parents in child custody matters. We aim to alleviate your concerns and discover effective ways to obtain custody.
Child custody encompasses the type (physical or legal) and nature of custody (joint or sole). These categories allow parents to share responsibilities in different ways.
Physical custody is the most widely recognized form of child custody, referring to where the child/ren resides. The parent with primary physical custody is responsible for tending to the child/ren’s needs and is involved in day-to-day activities and decision-making. Legal custody allows parents to play an important role when they are not able to participate in the physical custody of their child/ren.
Legal custody involves making critical decisions that impact the child/ren’s life and well-being, typically regarding education, healthcare, and religious upbringing. A parent can hold joint legal custody regardless of physical custody arrangements.
Sole custody and joint custody refer to the amount of time and participation in the decision-making process each parent is granted with the child/ren. Sole custody means one parent has total responsibility for the child/ren, either physically, legally, or both. Sole custody is typically only granted when there are safety concerns or when practical joint custody is impossible.
Joint custody allows both parents to share responsibilities and decision-making regarding their child/ren. The child/ren’s time spent with each parent may be shared equally or vary based on a legal agreement. Courts in the city generally try to award joint custody to maintain the child/ren’s relationship with both parents.
Regardless of the type of custody arrangement a parent is seeking, a knowledgeable Rochester child guardianship attorney may provide invaluable support in managing the legal process.
In all state child custody cases, the Court’s primary focus is the best interests of the child/ren. Courts consider the following factors to determine physical custody:
These factors may be examined by professionals, including social workers, physicians, and psychologists to assist the Court’s final decision. In some cases, the child/ren may receive an appointed guardian (guardian ad litem) who advocates on behalf of the child/ren during the custody proceedings.
To ensure that all relevant factors regarding child custody are presented to the Court, a parent should speak with a Rochester lawyer.
The attorneys at The Colwell Law Group, LLC, have years of experience handling various child custody matters, including initial custody arrangements following divorce, modifications, terminations, and enforcement actions. If you have questions regarding your custody options and what is best for your child/ren, we are here to help.
A Rochester child custody lawyer may work with you to understand your family’s unique situation and fight for a parenting plan that prioritizes your child/ren’s needs and ensures a smooth transition to co-parenting. Get in touch today to schedule your complimentary consultation.
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