Divorce may be tough, but deciding how custody should work for your child/ren may make it feel even more overwhelming. Whether you are trying to co-parent or believe your child/ren needs a more stable, one-home environment, custody decisions matter. Understanding the different options related to joint versus sole custody in Saratoga Springs is an important first step.
At Colwell Law Group, our attorneys have great empathy for our clients and use our legal experience to help them make sense of their child custody options. Whether you are working toward joint custody or a sole arrangement, we are here to help you protect your child/ren’s best interests.
When both parents are actively involved in raising their child/ren, even if they are no longer together, joint custody may be considered. Parents in Saratoga Springs who want to remain equally present in their child/ren’s life may prefer joint custody over sole custody. Joint custody may take a few different forms, such as joint legal custody and joint physical custody. Joint legal custody gives both parents the right to make major decisions together. This includes:
Meanwhile, joint physical custody means the child/ren spends time living with both parents. This may be split equally or through a set parenting time schedule
A joint custody arrangement may work best when both parents communicate well and are willing to work together for the sake of their child/ren. Joint custody does not always mean a perfect split of 50/50. One parent may still be named the primary residential parent, while the other may have a consistent schedule of parenting time.
If you are considering pursuing joint custody, we may help you create a cooperative, child/ren-focused plan that makes shared parenting work in real life.
When comparing custody arrangements in Saratoga Springs, some families may find that sole custody is better than joint. Sole custody gives one parent full responsibility over the child/ren’s life. It comes in two forms: sole legal custody and sole physical custody. Sole legal custody gives one parent the right to make major decisions about the child/ren, including where the child/ren attends school, receives medical care, and whether they are part of a religion However, in sole physical custody, the child/ren mainly lives with one parent and the other may have visitation rights, unless the Court determines that visitation is not in the child/ren’s best interest.
Courts may award sole custody if one parent is judged to be unfit. This may be due to issues such as substance abuse, domestic violence, or neglect. As outlined in NY Domestic Relations Law § 240, the Court’s priority is always the best interests of the child/ren. If you are seeking sole custody, Colwell Law Group may help you present a strong, child-centered case that puts the safety and stability of the child/ren first.
Whether you are pursuing joint or sole custody in Saratoga Springs, the Court may look at a variety of factors, including:
No two custody cases are the same. The Court has broad discretion in deciding what is in the child/ren’s best interest. Hiring a skilled child custody attorney may help the Court hear your voice so that your child/ren are protected.
Exploring joint versus sole custody in Saratoga Springs may not always be simple. The outcome may have a lasting impact on your child/ren’s future. That is why it is important to have legal support from the start.
At Colwell Law Group, we help our clients build thoughtful, effective custody arrangements that are rooted in their child/ren’s best interests. Contact our team today to schedule a consultation.
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