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Child custody issues can quickly become contentious, complicated legal matters. The first step to getting the outcome most beneficial for your family is to understand some basics of child custody and family law. Below, the attorneys at Brown, Burgoon, & Hartnagel, P.C., in Nanuet answer some frequently asked questions about custody laws in New York.

What to Know About Child Custody in New York

Who Will Get Custody of Our Child?

If you and your ex cannot agree on custody, this determination is left up to the courts. A family law judge will look at a variety of factors when deciding who gets primary custody, including which parent has been the primary caretaker thus far, the child's preferences, the income and earnings of each parent, the physical and mental health and substance abuse history of each parent, and which parent can best provide for the interests of the child.

What Are Some Custody Options?

There are two main types of custody in New York: sole and joint custody. The parent who has sole physical custody is the one with whom the child primarily lives. When parents have joint physical custody, the child divides their time between both parents. One or both parents may also be given legal custody, which means that parent has the right to make important decisions on behalf of the child, such as where they go to school and where they receive health care. Visitation refers to the agreed-upon schedule in which a noncustodial parent—and, in some cases, other family members like grandparents—can have dedicated time with the child.

If Parents Have Joint Custody, Does Anyone Pay Child Support?

child custodyTypically, yes. If one parent earns more than the other parent, the higher-earning parent will usually have to pay child support to the lesser-earning one. This ensures the child's needs are met in both homes.

Can a Parent Refuse to Allow Visitation if Child Support Is Not Paid?

No. Child support and child custody are two separate issues in family law. One does not have any bearing on the other.

What Should I Know Before a Custody Trial?

Consult with an attorney and prepare yourself and, if necessary, your child, for going to trial. Understand proper courtroom etiquette, what documentation you'll need to bring, and the possible ways the case could play out. In most situations, the judge determining the case will make a decision immediately after hearing the testimony of both sides; an appeal to that decision can be filed at a later time.

If you have any questions about child custody, the family law attorneys at Brown, Burgoon, & Hartnagel, P.C. will help. They have been serving Rockland and Orange counties since 1992. They will look out for the best interests of your family. Call (845) 624-1966 or visit their website to set up a free consultation. 

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