Joint Legal Custody — Orange County

Physical Custody is the right of a parent to reside with his or her children.  Legal Custody is the right of a parent to make decisions for the children regarding the children’s education, religion, medical care, discipline, place of residence and associations with others.

Orange County Custody Trial

Recently, the Orange County Family Court awarded joint legal custody to both parents after a month long custody trial.  Attorney David R.  Sachs, represented the father and was able to successfully argue that the court should render an award of joint legal custody to the parties.  The father was facing the prospect of losing custody entirely of his children.  During the trial there were several contentious custody issues regarding the discipline of the children, child care, and the overall best interest of the children. 

In New York it is very unusual for a court to render an award of joint legal custody following a trial, especially in situations where there is a high level of tension between the parents.  Usually the New York Family Court awards sole legal custody to one parent following a trial, which makes the outcome that Attorney David R. Sachs was able to achieve on behalf of his client all the more impressive.  In addition to obtaining an award of joint legal custody, Attorney Sachs was also able to win a significant amount of visitation time for his client. 

Riebling, Proto & Sachs, LLP — Child Custody Attorneys

Attorney David R. Sachs is a child custody lawyer who handles numerous custody trials often with successful outcomes.   Contact David R. Sachs with your child custody issues at Riebling, Proto  & Sachs, LLP.

In New York under the Child Support Guidelines the child support obligation is determined by which parent is  deemed to be the non-custodial parent.   The non-custodial parent is determined by which parent provides care for the children a substantial majority of the time.  If one parent provides a substanial majority of the care, then the other parent will be deemed to be non-custodial and required to pay child support.   But if neither parent provides care a substantial majority of the care, then neither parent potentially owes child support or owes a reduced amount of support depending on the circumstances.  The courts tend to determine on a case by case basis, which parent provides a substantial majority of the child care for purposes of determining whether child support is owed.  It is important that if you are going through a divorce or custody dispute to keep in mind the amount of time that you will actually be spending with your children as this may affect you financially down the line.  It is important to select an attorney who understands these issues and can guide you accordingly.  At Riebling, Proto & Sachs, LLP we have the experience to assist you through these difficult issues.