Are you dealing with a child custody matter and have questions about our 4 child custody tips? Give our Buffalo lawyers a call to get started.
1) Does Joint Child Custody Mean 50/50 Access
- Joint child custody does not mean parents will be sharing time with the children equally.
- Joint custody assumes parents will work together, but does not assume a 50/50 schedule.
- Most joint custody situations have one parent designated as the primary residential parent whose home is the children’s primary address.
- An access schedule may or may not provide for the children to spend 50% of their time with the other parent.
- Time with the other parent may be based on the children’s needs and ages, as well as the parents’ work schedules.
2) How Judges Determine Custody
- Custody decisions are based on many factors, especially the best interest of the children.
- Discuss your specific custody situation with your attorney and learn what the courts will and will not consider in deciding where your children will live.
- One of the court’s most important considerations when trying to determine custody is whether or not the parent seeking custody can successfully facilitate a relationship between the children and the other parent.
- Willful interference with that essential relationship will reflect poorly with the court and may cause custody to be granted to the other parent.
- Custody is a very complex area, so review your history with your attorney and choose the best course to move forward.
3) Child Custody for Unmarried Parents
- Unmarried people who have children together want to know their rights regarding child custody.
- The rights of unmarried parents are basically the same as those of married couples.
- Cases involving unmarried parents will most likely be heard in Family Court.
4) Joint Custody vs. Sole Custody
- Joint custody and sole custody are probably the two most common terms you will hear when discussing custody.
- With joint custody, the court’s most important presumption is that the two parents can communicate with the other parent and work together in raising your children.
- Most cases involve a joint custody agreement, with one spouse being designated as primary residential parent with whom the child lives.
- Sometimes, the primary residence may be shared, but one parent is usually designated as the primary residential parent and will probably receive child support.
- Sole custody gives one parent authority to make all decisions for the child without consulting the other parent, although the sole custodian may consult the other parent.
Are you dealing with a child custody matter and have questions about these 4 child custody tips? If you have questions about your specific child custody issue, please contact our Child Custody Attorney to schedule a consultation. We welcome the opportunity to serve you and your family.
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