Custody disputes are among the most important and emotionally charged parts of Family Court proceedings. In most cases, children are more likely to thrive when they have plenty of time with both parents. When a judge decides to give one parent sole physical custody, they may offer the other parent visitation rights.
Whether you are divorcing or separating from your spouse, determining what is best for your child/ren is a top priority. Parents having difficulty agreeing on what is best for their children and themselves could benefit from a capable family attorney’s assistance. A seasoned Syracuse visitation lawyer could answer your questions and help find the best solution for your whole family.
When parents share joint legal custody, they both have the right to agree on vital decisions regarding their child’s medical care, education, and religion. The Family Court may also order joint physical custody, in which case the child spends approximately 50 percent of the time with each parent. When both parents share legal custody but only one parent has primary physical custody, they share rights to vital decision-making, but the child lives primarily with one parent. In these cases, the child/ren will live with one parent more than 50 percent of the time and have visitation with the non-custodial parent.
While often decided simultaneously, visitation and custody are two separate legal proceedings. Family Courts nationwide increasingly refer to visitation as parenting time. Courts often enforce parenting time because spending close to equal time with both parents, regardless of which parent has primary custody, is in the children’s best interest in most situations.
When one parent has sole custody, the other has the legal right to visitation with their children unless there is a valid reason they should not. For example, Courts may withhold visitation rights from a parent with a proven history of child abuse. A lawyer in Syracuse could help reach a visitation arrangement that is in the best interest of everyone involved.
Determining custody rights and the amount of time a child spends with each parent is complex. A judge always prioritizes the child’s best interests and reviews a variety of factors to determine what this may be. Some essential factors Courts consider for child custody and visitation arrangements include:
A Syracuse visitation attorney understands the stress that parents face for legal matters regarding children and could provide sound legal advice throughout this Court process.
Every visitation arrangement depends on a family’s individual needs and circumstances. While divorcing couples and unmarried individuals have the legal right to spend regular time with their children, a family law judge makes the final decision about what is in the children’s best interests.
The most effective way to protect your rights in these proceedings is to understand your parental rights and how the visitation process works. A compassionate and experienced Syracuse visitation lawyer could answer your questions and help you reach the best arrangement for you and your children. Call The Colwell Law Group, LLC today to discuss your concerns.
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