50/50 Child Custody in Saratoga Springs

The reality of a divorce is that it will alter your relationship with your child/ren from that marriage. In most situations, there will be some degree of shared custody—a major departure from how your child/ren currently lives.

When the Courts determine how time between parents is to be split, their top priority is the best interests of the child. It is possible to have 50/50 child custody in Saratoga Springs, but you are not guaranteed that outcome. Let a skilled child custody attorney help you fight for the best possible result.

The Division of Parenting Time is Never Guaranteed

Parents do not have set rights when it comes to the amount of time they spend with their child/ren following a divorce. Instead, each case is handled individually. When a judge makes a determination regarding parenting time, they do so with the child’s best interests in mind.

There are different factors that a judge must consider when determining what is best for a child, such as:

  • History of domestic abuse;
  • The schedule of all parties;
  • Current living arrangements; and
  • The relationships between parents and their child/ren.

Each party generally has the opportunity to negotiate a parenting plan and present it to the Court. In most situations, the judge will sign off on these agreements. When this is not possible, it is up to the Court to determine how parenting time should be split.

Courts Favor Joint Custody

There may not be a guarantee of 50/50 parenting time in Saratoga Springs, but the Courts prefer this arrangement over leaving one party without any access to their kids. The specific arrangement will depend on what best suits the child.

If a judge determines that the juvenile will not receive the kind of care they need with one party, the other is likely to be awarded sole custody. An experienced family law attorney may argue for shared parenting time at the hearing or petition for a change to the custody Order in the future.

Sharing Legal Custody

The question of 50/50 custody in Saratoga Springs relates primarily to parenting time. However, the Court only has two options when it comes to the right to make important decisions in a child’s life—often known as legal custody.

Judges generally lean towards giving both parties joint legal custody, meaning they each have an equal say in important matters like where their child goes to school or what kind of religious upbringing they are given.

The other option is to award sole legal custody, which gives one parent total control over the life of the child. The other party has no say in how their child/ren is raised for as long as sole custody is in place. Sole legal custody is usually only granted when there are concerns about a parent’s ability to make choices on behalf of their child.

Talk to an Attorney in Saratoga Springs About 50/50 Child Custody

When it comes to divorce, there are few issues more important than custody and parenting time. Courts might favor 50/50 child custody in Saratoga Springs, but that arrangement is never guaranteed. Work with a dedicated family law attorney to put yourself in the best position for a fair outcome. Call our firm to schedule a complimentary consultation today.

Colwell Law

Colwell Law N/a
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The Colwell Law Group, LLC
513 Broadway Saratoga Springs, , NY  12866
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