In family law, child custody defines the legal rights and duties of parents regarding the care and upbringing of their child/ren. Custody terms may seem like labels, but the arrangements impact the child/ren’s lives. An Order determines where your child/ren sleep on school nights, which parent makes medical decisions, and how to manage pick-ups and drop-offs. The types of custody in Troy generally fall into two (2) categories: decision-making and parenting time.
The Court decides child custody based on the child/ren’s best interests. A child custody attorney from our firm may help you articulate your requests, explain what an Order should say, and which information the Court will most likely consider. At Colwell Law Group, we focus on parenting schedules, decision-making terms, and compiling the necessary paperwork for the Court.
Legal custody generally refers to the authority a parent has to make major decisions for their child/ren. Such decisions often include education, medical care, and religious upbringing. Physical custody generally refers to the right of a parent to have their child/ren live with them and to manage their day-to-day care. Legal custody does not automatically mean equal parenting time.
Legal custody arrangements in Troy may include options such as sole legal custody, joint legal custody, or a structure in which one (1) parent has final decision-making authority in certain areas. In physical custody arrangements, one (1) parent may provide the primary care for their child/ren while the other parent receives parenting time, or both parents may share custody in a schedule that fits their child/ren’s routines. The Court aims to create an Order that you and your co-parent can follow without constant conflict.
While you may prefer a joint custody arrangement, the Court will decide what sort of custody best supports your child/ren’s routines in Troy and keeps decision-making workable. A well-written parenting plan will often consider the following:
A lawyer may also help set out how parents will handle disagreements, including when a topic requires joint agreement and when one (1) parent has authority to decide. Specific terms reduce last-minute disputes and lower the risk of repeated returns to Court.
In Troy, a written Court Order outlines which type of custody best accommodates your situation. In a divorce, the Supreme Court of the State of New York may address custody as part of the divorce action, or a family Court may address custody and visitation matters in separate proceedings.
Life changes after a divorce, so you can request a modification if your or your co-parent’s circumstances shift enough that the existing Order no longer fits your child/ren’s best interests. A modification request should focus on the specific change and why an update benefits your child/ren.
To make your first meeting with an attorney productive, it helps to gather the following:
Despite custody decisions feeling deeply personal, the Court ultimately approves a final Order. We may be able to assist you in clearly communicating your preferences, identifying your child/ren’s best interests, and explaining how an Order will work in practice.
If you need guidance regarding the types of custody in Troy, contact our team at Colwell Law Group today to schedule a complimentary consultation.
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