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When parents file for divorce are never marry, the questions about raising their child often becomes an issue for the court. This is called child custody. Child custody involves two issues: physical custody and legal custody. Both areas of child custody law are defined in the state’s domestic relations law 240.
What is Child Custody Decided in the Bronx?
The Bronx family court follows the standard called “what’s in the child’s interest?” This standard considers several factors to determine if parents should receive sole or joint custody and what type of custody they should receive.
The standard looks at both parents and seeks answers to the questions about:
• Each parent’s mental health
• Each parent’s physical wellbeing
• Each parent’s ability to care for their child
• Each parent’s work schedules
• Each parent’s ability to get along with the other parent and make decision concerning the child
• Any history of domestic violence or abuse
• The child’s preferences (who they would like to live with)
The judge will look at other evidence presented at the hearing to determine the type of custody that is in the child’s interest.
Often, parents can come to an agreement outside of court. They must still provide the court with their agreement. The judge will consider all factors and determine if the agreement meets the child’s interest.
What is Legal Child Custody in the Bronx?
Legal child custody refers to a parent making important decisions about how the child is raised. These decisions include health care, school and religious beliefs. A judge may grant sole legal custody to one parent. The other parent will not make any important decisions. Joint legal custody is the other option. This gives both parents the right to make important decisions.
What is Physical Child Custody in the Bronx?
Physical custody determines which parent the child lives all the time or a percentage of the time. Sole physical custody is granted to one parent. The child lives them all the time. The other parent receives visitation. The visitation may be unsupervised. This means the child spends time with the non-custodial parent without a third party watching their interaction. The visitation may be supervised. This means a third party, not the other parent, watches the non-custodial parent and child interact. The latter is given when something happened or there is an allegation of something happening like abuse.
Joint physical custody is granted to both parents. The time a child spends with each parent is typically 50 percent. When the child lives with each parent is determined by a predetermined schedule.
Legal and physical child custody are decided on separately. This means a parent who receives sole legal custody may not receive sole physical custody. A judge may decide to grant joint legal custody and sole physical custody to one parent.
Contact a Bronx Child Custody Attorney about Your Child Custody Issue
Child custody arrangements are every changing. This means a child custody order can change tomorrow. However, to request a modification from the court, it must be in the interest of the child. Thus, you will have to prove in court why circumstances changed, and a modification is needed.
The most important thing is to spend time raising your child. Whether you want joint legal and physical custody or another child custody combination, contact us. We will help you established child custody arrangement to help you can focus on taking care of your child.
Contact us immediately for help.