Navigating the waters of family court can be daunting, especially if you don’t know a few basic ins and outs of family law. The attorneys at Brian D. Perskin & Associates have an extensive background in family law, and are here to help you get a handle on your case with a handful of useful and informative child custody explanations.
Sole Custody: Only one parent has the right to make major decisions on the child’s behalf, such as education, health care, etc. The other parent does not have any legal right to have a say in these decisions.
Joint Custody: Both parents maintain the legal right to have a say in all major decisions concerning the child.
Physical Custody: Also known as residential custody, this means where the child will reside. For instance, Mary received physical custody of Johnny. Physical custody can either be sole (one parent), or joint (the child will spend time living with both parents).
Custodial and Non-Custodial Parents: The parent in which the child resides with the most often (as in over 50% of the time) will be known as the custodial parent. The non-custodial parent may have to pay child support to the custodial parent, although, this all depends on your custody agreement.
It is important to note that New York State will not participate in custody hearings once the child in question has reached 18 years of age. However, under New York State law, a parent is legally obligated to provide for their child until they are 21 years old. This means that while the court will not determine custody of a child that is 18; one parent may still be responsible for paying child support to the other parent.
In an attempt to ensure that a custody agreement is worked out in the best interest of the child, a lawyer for the child will be appointed. The child’s lawyer will listen to the child’s concerns, and advocate based on what the child wants. Depending on the child’s age, the court will take into consideration their wishes and use them while determining custody. If a child is younger, the judge won’t let their wishes weigh too heavily into the outcome, since young children tend to change their minds often.
Child custody is a very sensitive issue, and should definitely be handled with care. The attorneys at Brian D. Perskin and Associates are experienced advocates who are well versed in family law. Contact us today for a free consultation, and let us help you in family court!