Child Custody Counsel For New York City Families
Child custody matters can bring out intense emotions in a divorce. Most parents share a strong bond with their kids and want what’s best for them. And while divorce can complicate how parents meet their children’s needs, reaching an agreement is possible – and they don’t have to do it alone.
At Fersch LLC, our attorneys have been assisting families with child custody matters for years, and we understand how heated negotiations can get. We take the time to address your hopes and concerns as a parent and tailor our legal strategy to meet your needs and fit your circumstances.
We understand that these are difficult situations, as emotions can be very strained and your spouse may be trying to turn your children against you so that they can take sole custody. We have experience dealing with this type of parental alienation and narcissism and can help guide you through this process.
What’s The Difference Between Sole And Joint Custody?
Parents can either have sole or joint custody of their kids. Here’s what both mean:
- Sole custody: One parent has full custody of their kids. In this instance, the parent with sole custody is referred to as the custodial parent, and the parent who does not have custody is referred to the non-custodial parent. The non-custodial parent may still retain some decision-making authority with the other parent, however, they will not be entitled to spend time with their children on their own.
- Joint custody: Both parents share custody of their children. In joint custody agreements, the custodial rights of both parents are equal.
Sole and joint custody are typically high-level custody options. As New York family law courts account for the nuances and complexities of individual families, there are additional custody options that can help families address their specific needs.
What’s The Difference Between Legal And Physical Custody?
Legal and physical custody are the two most common types of child custody. Here’s what makes them different:
- Legal custody: Parents with legal custody of their children have the authority to make decisions about their child’s care, including education, extracurricular activities, religious upbringing and medical decisions. Parents can have sole legal custody or joint legal custody of their children.
- Physical custody: Parents who have physical custody of their children have authority over where they live. Parents can have either sole or joint physical custody of their children. When parents split physical custody, it’s also referred to as parenting time, and they often have to agree on how much time each parent will get with the kids.
While these are the two most common, they are not the only options. We understand you may have unique circumstances, and we can help you explore other alternatives that may be a more suitable fit.
Do Non-Custodial Parents Have Rights?
Non-custodial parents have a right to access and view medical and education records. A non-custodial parent refers their right for physical time with the children with the children only. This does means that in some cases they may retain their legal rights to decision making if it is provided for under legal custody.
How Do Courts Determine Child Custody?
Judges will consider numerous factors when evaluating and determining child custody arrangements. The greatest factor which a judge will consider is what is in the best interest for the child. This is a subjective standard that can differ greatly between judges, but is ultimately focused on weighing all of the factors involved in the child’s life to decide what will be best overall for them.
Work With Experienced Child Custody Lawyers Today
You know your child and can envision what’s best for them long term. We can help you advocate for your and your child’s best interests by evaluating your situation and taking appropriate action. Whether you want to settle these matters inside or outside of court, we can help. Call 212-422-2660 or email us to schedule your free consultation today.