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Ending a marriage is rarely simple, even if it’s relatively amicable. It becomes especially complex when children are involved. You may have questions about how to approach custody decisions. Here are the answers to four questions divorce lawyers often hear about child custody arrangements.  

4 FAQ on Child Custody

What does sole custody mean?

Sole custody means one parent has legal custody, or primarily responsibility for and decision-making authority over a child. This authority includes matters of education, medical treatment, and religious upbringing. The other parent, the non-custodial parent, doesn’t make decisions, but may have the right to obtain information, such as the child’s medical and educational status. 

In a divorce, does a child’s mother get sole legal custody automatically?

divorce lawyerEither parent can ask for sole legal custody. Courts make their decisions based on the best interests of the child, not the gender of the parent. Until the court issues an order, both parents have an equal right to custody.

How does sole custody differ from joint custody?

When parents have joint custody, they share legal decision-making responsibilities for the child. Joint custody requires parents to consult each other, keep lines of communication open, and reach agreements about what they want for their child. A divorce lawyer can help you reach a mutually tenable arrangement with your former partner. 

Can I still see my child if I fall behind on child support?

Yes, you have the right to continue visitation if you fail to pay child support, but your former spouse can file a violation petition in court against you. If your ex refuses visitation and you have a custody and visitation order, consult your divorce lawyer about filing a violation petition. Discuss modifying support payments if your financial circumstances have changed significantly, such as if you’ve suffered a job loss.

 

Navigating complex divorce and child custody laws is difficult. Drawing on the knowledge and experience of divorce lawyers at MacVean, Lewis, Sherwin & McDermott, P.C. will help you reach a sustainable arrangement that protects the interests of you and your child. Based in Middletown, NY, this storied Hudson Valley firm has a record of more than 130 years of dedicated service to divorcing couples and parents. For more about how the firm will help you, visit their website. To schedule a free consultation, call (845) 343-3000.

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