Child Custody Attorneys in Hudson Valley
Seeking Custody in New York? We Are Your Aggressive Advocates.
Custody disputes are stressful and emotionally charged. If you are involved in a custody dispute, it is important to understand New York custody laws. The Hudson Valley child custody lawyers at Letterio, Shedden & Haug, LLP have more than three decades of combined experience and an extensive knowledge of child custody laws to effectively advocate for you in court.
If you are involved in a custody dispute, call (845) 203-0997 to learn how New York custody law applies to your situation.
How Courts Make Custody Decisions
In some cases, the parents are able to come to an amicable agreement regarding custody and visitation. When this is not possible, the court will make custody decisions. New York Courts use the standard of the best interests of the child when making custody decisions. The courts may take a variety of factors into consideration when awarding custody.
Factors considered by New York Courts include:
- The ability of each parent to care for the child
- The mental and physical well-being of each parent
- Work schedules
- The ability of parents to cooperate
- Any history of domestic violence
- The child’s wishes, depending on their age
Note that one parent does not have advantage over the other in custody decisions in New York. The child can remain living with either parent until the case goes to court, and an order has been issued. As always, the orders will be made based on the child's best interests.
Each family situation is unique, and our Hudson Valley child custody attorneys provide personalized representation for each client. We are aggressive advocates for our clients. We take the time to understand your situation and provide compassionate and empathetic legal representation that is tailored to your circumstances.
Types of Child Custody
There are two basic types of custody: Legal custody and physical custody. Legal custody is the right to make decisions regarding the child’s education, medical care, and religious upbringing. Physical custody is where the child will live. Sole custody is when custody is awarded to one parent. In joint custody, the parents share custody of the children.
Legal Custody Versus Physical Custody
A parent who has legal custody can make decisions for the child’s care. This can include the child’s education, medical needs, and religion. Should the court issue a joint legal custody arrangement, both parents can make these decisions. If the courts issue “sole legal custody,” then only one parent is permitted to make these decisions.
This is a different arrangement from physical custody, which is also called “residential custody.” In this scenario, the child lives with the parent who has physical custody. Sole physical custody means that the child will live with that parent more than 50% of the time, and the other parent may have visitation rights. In a joint physical custody arrangement, the child lives with both parents. One example is when the child lives with one parent for a week, and then live with the other parent the next week, and so forth.
Contact our law firm at (845) 203-0997 to schedule a free consultation. Our office is located in Beacon. We serve the counties of Putnam, Ulster, and Orange, and beyond.
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