New York Joint Custody Lawyer

Sharing Parental Responsibilities & Decision-Making

In previous years, it was a given that one parent would be given custody of the child. This was typically the mother and was an all-inclusive type of custody - giving them both physical and legal control. This, however, has changed in recent years and it is becoming more and more common for courts to grant what is known as joint custody. This is done in an attempt to help the children keep close relationships with both parents as it is determined to be in the best interest of the child.

When joint custody is awarded it could be joint legal custody, joint physical custody or both - the courts awarding an arrangement that best suits the actual family. If you would like to have your legal rights protected or if you would like to learn more about what can be done to help you gain custody of your child, it is highly recommended that you pick up the phone and contact a New York joint child custody attorney from Eiges & Orgel, PLLC as soon as you possibly can.

Need a New York joint custody lawyer? Schedule your free consultation now by calling (347) 848-1850 or filling out our online form.

What Is Joint Custody in New York?

In New York, joint custody refers to an arrangement where both parents share the rights and responsibilities of raising their child.

An award of joint custody requires a great deal of cooperation between parents. Encompassed in a joint custody determination are the concepts of legal custody and physical custody.

• Legal custody: Concerns decision-making with respect to a child’s welfare, education, religious upbringing, etc. It is often referred to as joint decision-making. A grant of legal custody gives a parent the authority to make major decisions regarding the child and their well-being. Joint legal custody requires the parents to confer and collaborate in the making of these upbringing choices.
• Physical custody: Involves the child’s residence as well as the day-to-day physical care and supervision of a child. Physical custody may be shared by cooperating parents who can agree upon a schedule by which the child moves between the homes of the two parents. This division of time may be equal or disparate depending on the family situation. Physical custody is also referred to as residential custody.

When a court awards joint custody, joint decision-making is often conferred equally upon both parents. However, one parent may be granted final decision-making ability. An award of joint legal custody does not necessitate joint physical custody.

Factors Affecting Joint Custody in New York

Joint custody is only appropriate where the parents are capable of sharing responsibilities and decision-making without significant conflict. The concept of joint custody envisages a positive and collaborative relationship among divorced or separated parents. In New York, before a grant of joint custody, courts will look to the stability and amicability of the parental relationship.

Joint custody requires parents to be in consistent contact and to discuss major and difficult decisions in a productive manner. As can be imagined, two individuals who have decided to break up often cannot simply set aside their issues to co-parent in a mature and civilized manner. As a result, New York courts are generally hesitant to award joint custody.

In making this determination a presiding court may look to a myriad of factors such as:

• The parents’ ability to cooperate
• The age of the child
• The desires of the child
• The geographic distance between the parties
• The individual home environments
• The nurturing capability of each parent
• The existing relationships between each parent and child.

Ultimately, the best interest of the child is controlling.

The Benefits of Joint Custody in New York

Joint custody offers several advantages for both parents and children, provided it is a viable option and both parents are willing to cooperate effectively. Some of the benefits of joint custody include:

• Equal Parenting Involvement: Both parents remain active participants in the child’s life. This means shared decision-making in crucial matters such as education, health care, and religious upbringing, allowing each parent to have a say in the child’s future.
• Stability for the Child: Joint custody can provide a sense of stability for the child, as they maintain regular contact with both parents. Children thrive when they have consistent relationships with both parents, particularly during their formative years.
• Reduced Conflict: When joint custody is in place, both parents are required to communicate and make decisions together, which can reduce misunderstandings and conflict in the long run. For children, this stability and lack of conflict can contribute to a healthier, more well-adjusted environment.
• Preservation of Parental Bonds: Joint custody allows both parents to continue their relationship with the child, which is vital for emotional growth and development. It provides both parents the opportunity to guide their child through key life events and support them in their academic, social, and personal endeavors.

The Process of Establishing Joint Custody in New York

If you are seeking joint custody of your child in New York, the process typically involves several stages. A New York joint custody lawyer will guide you through the steps to ensure your interests are protected throughout.

• Negotiating a Custody Agreement: Many parents can reach a custody agreement through negotiation or mediation. In this case, the parents agree on terms regarding legal and physical custody, including visitation schedules and decision-making processes. If an agreement is reached, the court will usually approve it, provided it aligns with the child’s best interests.
• Court Intervention: If parents are unable to agree on custody terms, the court will intervene and make a determination based on the best interests of the child. A New York joint custody attorney will represent you during this process, presenting evidence to support your case and advocating for a custody arrangement that serves the child’s well-being.
• Parenting Plan: When joint custody is granted, the court may require the parents to submit a detailed parenting plan. This plan outlines how the parents will share responsibilities, communicate, and address disputes. The plan may include a schedule for when the child will be with each parent and the process for making decisions about the child’s welfare.
• Court Orders: Once a joint custody arrangement is finalized, the court will issue an order outlining the terms. If either parent violates the terms of the custody agreement, the other parent may seek enforcement through the court.