Child custody and visitation rights are some of the most significant and challenging topics that will come up if you are Getting a divorce in New York city and have children. Although navigating the legal system can be difficult, knowing the rules and regulations in certain situations can assist you and your children in receiving the most beneficial result. In this comprehensive guide, we delve into the intricate process of getting divorced in New York, offering insights, guidance, and essential information to help individuals navigate this pivotal chapter in their lives.
Understanding the Process of Getting Divorced in New York
When you are getting divorced in New York you must face the following things: It follows.
What is the custody of a child?
The legal arrangement that governs where and with whom a child will reside following a divorce or separation between their parents is known as child custody. Given that both parents may strongly feel that they are doing what is best for their child, it is a complicated problem that can be challenging to settle.
Types of child custody are recognized in New York.
In New York, there are two sorts of child custody: legal custody and physical custody.
Legal custody:
Legal custody refers to the right to make decisions concerning the child’s upbringing, such as education, religion, and medical care. There are two types of legal custody: single legal custody and dual legal custody.
Sole legal custody denotes that one parent has sole authority over the child’s upbringing. The other parent may have some say, but the parent makes the final decision with sole legal custody.
Joint legal custody indicates that parents have equal authority over the child’s upbringing. The majority of the time, both parents must agree on important decisions, such as the child’s place of residence and school. On the other hand, one parent may make all the decisions, such as those pertaining to medical treatment.
Physical Custody:
The amount of time the child spends with each parent is called physical custody. Physical custody is classified into two types: exclusive physical custody and joint physical custody.
Sole physical custody means the child spends most of their time with one parent. Although the other parent has visitation rights, the child does not live with them.
What Part Does Mediation Play in New York State Child Custody Cases?
In order to attempt and come to an agreement on child custody and visitation, the parents will work together with a mediator, who is a third party that is neutral in the situation. The mediation procedure is entirely voluntary, and the parents can end it whenever they want.
Since the mediator is not a judge, they cannot decide who gets to keep the kids. The mediator’s job is to enable communication between the parents and the bargaining process. The mediator can assist the parents in identifying their shared interests, comprehending one another’s points of view, and coming up with innovative solutions that satisfy the requirements of both the parents and the child.
Because mediation is private, the mediator cannot share any information without both parents’ permission.
Child custody disputes in New York are often resolved through mediation. In some circumstances, the court may require mediation and order the parents to participate before deciding on child custody.
The advantages of mediation are numerous and include:
- The cost is less than going to court.
- Going to court takes longer than this.
- It is more likely that it will lead to a decision that both parents can support.
- It can aid in maintaining the bond between parents and children.
An excellent alternative for you may be mediation if you are going through a divorce process New York. To discuss your options and gain assistance determining whether mediation is appropriate for you, it is crucial to speak with The Law Offices of SRIS.P.C., an experienced attorney.
Rights and Schedules for Visitation
The right to spend time with a child during visitation is reserved for parents who do not have physical custody of that child. Several typical visitation schedules are employed in New York, while the precise plan will vary based on the case’s particulars.
- Weekend visits: This form of visitation arrangement is the most popular. Weekend visitation usually lasts from Friday afternoon or evening to Sunday evening for the non-custodial parent.
- Weekday visitation: Though less famous, this form of visitation schedule might be an excellent choice for parents who live far away or have demanding work schedules. Visitation is often allowed on weekdays from after school until dinner for the non-custodial parent.
- Split-week visitation: This schedule is uncommon, but it can be a good choice for parents who live close to one another and want the child to spend equal time with each parent. Usually, a child spends the first half of the week with one parent and the second half with the other.
- Summer visitation: Under this visitation arrangement, the child often spends the whole summer with the non-custodial parent. The parents will decide, or the court will specify the visitation dates.
A lawyer from The Law Offices of SRIS.P.C. should be consulted if you are divorcing and have kids to go through your options and choose the most beneficial type of visitation plan for your kids.
How can The Law Offices of SRIS.P.C. assist me in getting divorced in New York?
The lawyer may assist you with getting divorced in New York in a variety of ways, including:
Providing legal guidance and counsel: Our attorneys are familiar with family law and can assist you in understanding your legal rights and alternatives. They can also help you develop a divorce strategy and represent you in court.
Negotiating with your spouse: The attorneys at The Law Offices of SRIS. P.C., can deal with your spouse to agree on the conditions of getting divorced in New York. This can save you time and money, as well as assist you in avoiding a lengthy and costly court battle.
Preparing and filing the appropriate paperwork: The attorneys can prepare and file all necessary documentation for your divorce, including the divorce petition, summons, and financial disclosure statements.
Representing you in court: If your divorce cannot be handled via discussion, the attorneys can represent you. They will fight for your rights and interests and assist you in obtaining a beneficial divorce outcome.
Explaining the procedure: They can explain the divorce process to you and answer any questions.
It is a credible legal practice with a lengthy history of success in family court issues. They are passionate about providing their clients with the best counsel available and will work tirelessly to preserve your rights and interests.
If you are considering getting divorced in New York, contact our lawyer in The Law Offices of SRIS. P.C., to schedule a consultation. They will gladly answer your questions and discuss your alternatives.
Custody and Relocation
When deciding whether or not to allow a parent to relocate with a child in New York, the court will examine the following factors when getting divorced in New York:
- In the best interests of the child.
- The rationale for the proposed change.
- The moon’s impact on the child’s bond with the other parent.
- The age and maturity of the youngster.
- The educational and extracurricular activities of the youngster.
- The distance between the current residence and the intended future residence.
- The parent’s willingness to collaborate facilitates the child’s relationship with the other parent.
- Domestic violence or child abuse history.
The court will eventually decide what is best for the child, and the youngster’s preferences may be considered, although they are not always controlling.
Getting divorced in New York is not just a legal process; it’s a transformative journey toward a new chapter in life. If you are considering moving with a kid, you should consult with The Law Offices of SRIS.P.C., an attorney, to discuss your choices and obtain assistance in making a decision that is in the child’s best interests.
Frequently Asked Question
Q1. Can grandparents or other relatives request visitation?
In New York, grandparents and other relatives can request visitation rights. They will not, however, be granted automatic visitation rights. When deciding whether to grant visitation rights to a grandparent or other relative, the court will consider several issues, including the child’s best interests, the grandmother’s or relative’s relationship with the kid, and the parent’s desire to allow visits.
Q2. What is a “right of first refusal” in visitation agreements?
A right of first refusal (RFR) clause in a visitation agreement allows one parent the first opportunity to care for the child before the other parent can make alternate arrangements. For example, suppose the non-custodial parent needs to travel out of town for work. In that case, they must give the custodial parent a first opportunity to care for the kid before making other arrangements, such as hiring a babysitter or enrolling the child in a nursery.
Suppose you plan to include a right of first refusal in your visitation agreement. In that case, you should consult with an attorney to discuss getting divorced in New York City provisions of the clause and ensure that it is enforceable in your state.
Q3. Can a parent lose custody because of their actions?
Yes, a parent may lose custody as a result of their actions. The court will consider the parent’s actions and the likelihood that they would put the child in danger. For instance, the court may be more likely to refuse custody to a parent with a history of substance addiction or domestic violence. The child’s primary interest will be the court’s first consideration.