/Contact-Us.aspxWestchester County Child Custody explained by a Child Custody Lawyer
Various Types of Child Custody in Westchester, NY
When you are involved in any matter that involves
child custody, it is important to understand the different types and terms that are
generally seen in child custody hearings.
Since child custody varies from state to state and every case has its own
set of facts, it is helpful to understand the different types of child
custody and the general scenarios that couples going through a divorce
will encounter in Westchester County, NY. Having a Westchester County
child custody lawyer familiar with these possible outcomes and terms will
be make your experience in the courthouse easier and prove beneficial
at your child custody hearing.
Physical custody, or also known as residential custody, refers to where
a child will physically reside. The parent with whom the child primarily
resides (the majority of the time) will have residential or physical custody.
For example, if the child is with the mother 55% of the time, then the
mother will have physical custody of that child.
There are countless different ways to structure physical or residential
custody agreements, but the primary goal is to structure an agreement
that serves the best interests of the child. This could mean that custody
is divided evenly or it could mean that one parent has the majority of
physical custody. Again, every case will be dictated by the facts and
specific circumstances involved.
Legal custody is the term typically used in the Westchester Court to denote
which parent will be responsible for making decisions on behalf of the
child. This will include important decisions such as medical, religious
or educational conclusions that play important roles in the lives of children.
Just like physical or residential custody, legal custody may be structured
to satisfy any particular situation.
The Right to Consultation
Even if your ex-spouse or other parent has sole custody of your child it
is important for you to know that you still have the right to consultation
in Westchester County, NY. Having the right to consultation means being
informed as to the major decisions in your child's life. Staying informed
is imperative for you because if you do not agree with a decision being
made regarding your child, you then have the right to petition the Westchester
Family Court and challenge that decision.
Many people do not know that they have the right to consultation, until
it is too late. So it is important to note that even if you do not have
custody you still have the right to stay informed and consulted about
important decisions that concern your child.
Other Items that Influence Child Custody in Westchester, NY
Sometimes there are things other than the child's "best interests"
that effect child custody:
Where you live may also play a huge role in your custody arrangement. Say
you live 50 miles from your ex-spouse then the court will have to take
this physical distance into consideration in fashioning custody and visitation.
Your job may also play a big part in the court deciding your child custody
arrangement. Work hours and days of employment may cause your child custody
arrangement be modified to fit your schedule. This may jeopardize the
time you get to spend with your child.
The age of your child will also play a part in regards to your physical
or residential custody arrangement. Again the purpose in a physical or
residential custody arrangement is to create the best situation for the
child. The child's wants and needs should always be at the center
of any physical or residential arrangement.
Hiring a Proven Westchester Divorce and Family Law Attorney is Important
Dealing with the stress of a
divorce or child custody case may make it difficult to make the decisions that
will best protect your parental rights. This is a critical period when
any decision will shape and impact the lives of both you and your children.
Do not make these crucial decisions alone. Contact the Westchester family
law lawyers of
Riebling, Proto & Sachs, LLP for a free consultation. We will discuss your options and help you get
the results that you want.
Call (914) 840-5104.