In New York, no parent is shown favoritism in a child custody case. The court is only concerned about the best interest of the child. The court looks at previous actions in which to build what will happen in the future in regards to parents and their children. A child custody attorney in Commack, NY can present the facts of which parent was a caregiver to a child and which parent took care of a child on a daily basis. The court is concerned about upsetting a child’s life and wants to keep the child out of any type of conflict between the parents. The court does not want to upset a child’s routine or security because the parents can no longer live together.
Parents have superior rights over non-parents. Unless there are extraordinary circumstances surrounding a parent, he or she will be granted more rights than a non-parent. However, if a parent surrenders or abandons a child, a non-parent will have more rights. Physical custody of a child is much different than legal custody. Physical custody is where and with whom a child lives. Legal custody involves making decisions for a child about their religious, education or medical needs. These two categories will also be determined in a decision of child custody. On the other hand, sole custody of a child is when one parent makes all of the decisions for the child and is its primary caretaker. Joint custody is rarely awarded if two parents end up in court fighting over what’s best for their child.
A child custody attorney in Commack, NY, can evaluate the situation and determine the best possible outcome of a case before proceeding to court. Couples that have had domestic violence issues may not be candidates for joint custody of a child. It is always best if parents can come to an agreement on their own, that both are happy with, in regards to their child. It is never recommended to represent yourself during a child custody hearing because important information may not be developed in the case. If you have child custody questions, please feel free to contact us.