6 Things To Learn About Your Custody Claim
Are you going through a divorce and have children? Read these 6 things to learn about your custody claim, then call our Saratoga lawyers now!
1) Father Being Awarded Custody
- Because New York State does not presume that the mother should be a child’s primary custodial parent, it is possible for a father to be awarded custody.
- New York’s standard is always the best interest of the child or children.
- If the court determines that children’s interests will be best served in their father’s custody, that will be its ruling.
2) Emergency Child Custody
The custody process can often take several months to ultimately resolve, but if there is an emergency or an issue that needs to be addressed by the court immediately, one party can file an order to show cause, which is an expedited motion process to get the case in front of a judge sooner.
To file an order to show cause, the parent would need to file the document together with her or his affidavit or statement. The court would then consider the parent’s papers and may grant relief ex parte (without the presence of the other party), immediately pending an initial court appearance. Alternatively, in some situations, a judge may see the parent ex parte before the next court appearance and may grant the parent some limited, temporary relief. If there is no emergency, the parent should instead consult an attorney immediately, as attorneys are familiar with the process and may have means to get the matter in front of the court as soon as possible.
3) NYS Paternity Rights
- In order to establish Paternity, the parents have to sing an acknowledgment of paternity, or an order of affiliation
- If there is any doubt as to the paternity of a child, you should not sign an acknowledgement of paternity
4) Standard Custodial Schedule for a Non-Custodial Parent
As an Albany Child Custody Lawyer I often get asked about standard custodial schedules for a non-custodial parent. I advise clients that each schedule is different for each person, and will not be completely different. I advise parents as an Albany Child Custody Lawyer that a schedule is created based on the needs of the family to keep the child safe and in a stable home.
5) Joint Custody vs Sole Custody
- The types of custody that are relevant in every case are Legal Custody and Physical Custody
- Legal custody is decision-making authority for a child, and physical custody is where the child resides
- When you’re talking about Joint versus Sole Custody, you’re talking about Legal Custody
- Under Joint Custody, the parents need to agree upon major issues
- Under Sole Custody, the parent with Custody has authority to decide these matters
6) Your Ex Isn’t Following Orders of Custody
- If one spouse doesn’t follow the family court’s order of custody, the other spouse can ask the family court to enforce that order by filing a petition for enforcement.
- Remedy can also be sought through the family court if the order of custody was made through a judgment of divorce, so long as the Supreme Court didn’t retain exclusive jurisdiction.
- In most cases, the Supreme Court does not retain exclusive jurisdiction over custodial matters, so a remedy can be pursued in the family court.
- Success on an enforcement petition requires a valid existing order of custody and evidence of failure to obey that order.
- The court has access to many remedies to punish parties who disobey such orders.
Do you have questions about these 6 things to learn about your custody claim? If so, contact our dedicated and experienced Saratoga Child Custody Lawyers to be your guide and schedule your confidential consultation and legal evaluation.
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