When parents split up, conflicts over the physical and legal custody of their child/ren can arise. Determining physical custody (where the child/ren will live) and legal custody (authority to make important decisions about the child/ren’s lives) can be complicated. State Courts want to ensure that children suffer as little as possible when their parents divorce or separate, so they prioritize the child/ren’s needs when issuing Orders that determine physical and legal custody issues.
However, sometimes there is no Court Order determining custody. Who has custody without Orders in Saratoga Springs? Depending on the parents’ marital status, issues of child custody can vary. Our skilled attorneys may provide guidance and information on relevant laws and regulations to help you.
If there are no Orders, the child/ren’s parents were married when the child/ren were born, and both parents’ names are on the birth certificate/s, both spouses automatically share equal legal and physical custody of their children in Saratoga Springs. Both parents have an equal say in making major decisions about their child/ren’s lives because they both share legal custody. Consequently, even if the parents are no longer living together, they have an equal say in where their child/ren should go to school, which doctor they should visit, and what kind of religious upbringing the child/ren should receive. Both parents also have equal physical custody, which means they are both entitled to spend time with the child/ren and obligated to provide them with proper care.
Married parents can sometimes work together amicably to negotiate their child/ren’s custody arrangements when they separate. However, custody issues can often become contentious, with each parent seeking to maximize their parenting time, which is why consulting with our experienced legal team may be helpful. Without a Court Order, there may be no consistency for the child/ren and no way to enforce your rights. Our attorneys may be able to help ease any tensions and help you resolve your differences while representing your interests.
If the child/ren’s parents were never married, the legal and physical custody of their child/ren automatically goes to the mother, unless a Saratoga Springs Court Order changes the custody arrangements. The father has no automatic right to see his child/ren or be involved in making decisions about their lives unless he can prove paternity. If a father wishes to be involved in his child/ren’s lives, he must cosign an Acknowledgement of Paternity with the child/ren’s mother. This acknowledgement establishes the child/ren’s biological father as their legal father and provides custody and visitation rights. In these cases, the father is also obligated to contribute to the child/ren’s upbringing by paying child support.
If there is a dispute about paternity, the child/ren’s probable father or the mother can file a petition to obtain a DNA test and receive an official Order of Filiation confirming paternity.
If there is any conflict or doubt about the child/ren’s paternity, our experienced legal team may be able to assist you.
While some parents are able to maintain an amicable relationship and handle custody without Orders in Saratoga Springs, many families benefit from the clarity and certainty of a judge’s determination.
If you have questions about your rights in respect of the legal or physical custody of your child/ren, schedule a complimentary consultation with our dedicated legal team.
Colwell Law
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(518) 462-4242
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