While any divorce or separation is difficult, the situation becomes considerably harder when children are involved. Emotions are heightened, and intense conflicts may arise when parents try to organize custody and visitation. While the Courts typically prefer parents to share custody, circumstances may arise where one parent seeks full child custody in Saratoga Springs.
If you are considering pursuing full custody or your child/ren’s coparent is seeking full custody, our knowledgeable family attorneys may be able to assist you through the legal process.
Some parents can agree to a parenting plan, in which they set up their own custody and visitation schedule. Unfortunately, not all parents are able to put aside their differences. Sometimes one Saratoga Springs parent wants more visitation time, or one parent wants full custody of the child/ren. When a Court needs to take control and create a parenting plan, the judge looks at the overall situation and decides on both legal and physical custody. Legal custody gives a parent the right to provide their opinion and input into how their child/ren are raised concerning schooling, medical treatment, religious practice, and other areas. Physical custody gives a parent the right to spend time with their child/ren in their home.
Parents may share physical or legal custody. Some parents share physical custody equally, with the child/ren spending one week with one parent, and the next week at the other parent’s home. Other families share physical custody, but one parent has primary physical custody; for example, the child/ren spend their weekdays with one parent, but the other parent has scheduled time or visitation with the child/ren every other weekend. Even if one parent has primary or even sole physical custody, many families share legal custody, so they both have a say in important decisions regarding their child/ren.
Our attorneys may explain the different types of custody to help you understand this process.
Courts generally prefer to keep both parents involved in the child/ren’s life. Unless there is a unique situation, they typically approach custody issues by presuming that shared custody is the standard, thereby allowing the child/ren to develop and maintain a relationship and bond with both parents.
A Court does not award one parent sole custody to punish the other. The Courts look at the individual facts of the situation and make a determination that is in the best interests of the child/ren. A Court may determine that full custody for one parent is appropriate in the following circumstances:
If you are in Saratoga Springs and you feel that sole custody of your child/ren is necessary and appropriate, our compassionate and experienced legal team may be able to assist you by helping build a strong suit on your behalf.
Although Courts generally prefer that both parents play a role in their child/ren’s lives, in some situations, full child custody in Saratoga Springs is appropriate and necessary. Meet with our seasoned lawyers to discuss the details of your family’s situation. We may be able to help you pursue what is best for your family.
Call and set up an initial complimentary meeting today.
Colwell Law
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(518) 462-4242
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