Child custody cases are often heard in family court. Custody disputes can stem from divorce cases, but they can also arise between parents who have never married.
If you are facing a custody dispute, you could put your relationship with your child at risk by trying to handle these complicated cases on your own. Acting without an attorney only puts you at a disadvantage. A Syracuse child custody lawyer could protect your rights as a parent. Our capable family law attorneys are willing to help you navigate the difficulties of the legal system and pursue a favorable resolution to your case.
There are different types of child custody rights. The court has the power to award these rights to one or both parents depending on the circumstances.
The first type of custody is known as physical custody. This gives a parent the right to determine where the child lives and is not an issue for parents who live together and co-parent. Following a divorce, the parent with physical custody will determine where the child lives.
There are also legal custody rights. Legal custody refers to the power to make vital decisions for a child regarding their upbringing. This includes choices about their healthcare, religious upbringing, and education. A Syracuse child custody attorney may further detail the differences between the two types and explain their relevance to the case at hand.
A judge has the power to award either joint or sole custody of a child. This is true for both legal and physical custody decisions. This determination by the court could significantly affect the rights of both parents.
As the name suggests, joint custody allows both parents to share these parental rights. Joint physical custody means the child takes turns living with each parent. Joint legal custody means the parents share the right to make important decisions on a child’s behalf. The courts prefer joint custody when possible.
However, there are times when it is best for the child if one parent has sole custody, either physical, legal, or both. A skilled attorney who serves Syracuse and understands child custody law could help someone pursue an agreeable outcome.
Parents in New York have the opportunity to reach an agreement regarding custody issues. In fact, the courts are required to have the parents attempt to reach an agreement. A Syracuse child custody attorney could assist with negotiating these agreements.
The relationship between the parents will often determine how successful these efforts might be. Parents with an amicable relationship might easily reach an agreement, while those in conflict might require more negotiation.
If the parents cannot come to an agreement that the court will accept, a judge will decide the issue of child custody. When they do, they must take into account what is in the best interest of the child.
Your rights as a parent are important, and the custody decisions the NY courts make could affect those rights forever. It is crucial that you protect your relationship with your children during this process, and the right legal counsel could help.
Let a Syracuse child custody lawyer help you fight for your parental rights. Call right away to get started.
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