What happens to my child if I get divorced?

What is custody? Legal custody is where one parent involves the right and responsibility to make decisions for the child. The other type is residential or physical custody - thats where the child lives. The courts have jurisdiction over a child until 18 years of age. But caselaw suggests that once the child reaches between 11-14 years of age, the Court will give and in some areas, must give the child's choice defference and listen to the child. A law guardian may be appointed for that child. Thats an attorney for the child. The attorney must report to the Court what that child wants, who that child wants to live with, regardless of the law guardian's opinion or whether is proper or not for that child to live with the parent they want to. That decision lies wiith the Court.

What is the difference between joint custody and sole custody? Joint custody is where the parents make major decisions together. Sole custody obviosly, one parent makes the major decisions for that child. Major decisions include religion, education, health issues. Day to day decisions are left up to the parent who is caring for the child.

The other parent will generally always have visitation with the child unless there are strong compelling reasons not to which generally will because of unsafe enviropment or other sexual overtones.

Courts do not favor the mother over the father. Gender does not affect the Court's decision but the parent and his or her actions. Custody is awarded based upon the best interests of that child.

The Courts will look at the following in deciding the best interets:
-which parent is the primary care giver
-parenting skills and parents ability to provide care
-the mental and physical health of the parents
-whether there is domestic violence
-work schedules and child care plans
-the child's interactioniwth siblings
-the child's wishes, depending on age
-the ability of each parent to cooperate with the other and encourage a relationship with the other parent, when it is safe and appropriate to do so
-how the child is or will do emotionally, socially and in school with each parent

A forensic evaluator may be appointed by the Court. That person will gather information about the family through interviews of the family members, testing and from people who knew the family or have provided treatment to them. The evaluator will then generate a report for the court. This written report may come into evidence and the evaluator will testify at the trial if necessary.

The parents may have to pay for the law guardian and evaluators. The Court determines which or what percentages each parent will pay. If the parents do not have the funds to pay, then the Court may have the government pay.

PreMarital Agreements

Premarital agreements are agreements between a husband and wife before marriage. Post nuptial agreement is an agreement entered into during the marriage or after the nuptials. The agreements spell out the rights of the parties and obligations in the event of death and/or divorce. Commonly used for second marriages or when one party is wealthier then the other.

These agreements generally address the end of the marriage, stating how the couple's property will be divided. They can also address issues like child support and custody issues but these provisions are not binding on the court since the best interests of the child are the deciding factors.

In most states, oral premarital agreements are not enforceable. A written agreement is necessary and enforceable if it was fair and reasonable when made, neither party hid vital information and neither party was forced to sign same.

WHO GETS CUSTODY OF YOUR CHILDREN?

THATS A DIFFICULT QUESTION FACING MANY PARENTS GETTING A DIVORCE. WE WILL ADDRESS THIS ISSUE AT THE NEXT POSTING SHORTLY.

Everyone knows getting divorced in NY especially on Long Island can be expensive but there are ways to save money and do it the smart way. First, communicate. Communicate with each other and your attorney. The more you talk to each other and find out what you both want the cheaper it will be to deal with the issues. It will save time and money. Be honest with your attorney. Tell them what you want and the discussions that you have had with your other half. Research or search around for an attorney. Some of the firms that just specialize in matrimonial law charge a very high rate hourly and also bill for every item and phone call. Other attorneys, general practice and those that may practice in a few other areas besides matrimonial may be less expensive, more laxed on the billing, give more discounts but are just as good as the other attorneys. Often they are much better. Look for those firms that offer discounts. Ask.Last, don't hold out because it hurts the other side. Look at it from an economical point of view and always listen to your attorney. Before your disagree with your attorney, discuss it and think about it because there are reasons why your attorney is recommending something. Remember the attorney is objective and has the experience to give you an educated opinion where you may be upset and not so objective. Always ask for a free consultation. We offer free consultations, home appointments and discounts. We practice in the areas of Estates, Administration and Probate of Wills, trusts, elderly planning and also criminal law, family law and Divorce Law. We do not bill for every telephone call or communication and offer discounts on billing. Good luck.

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