What to Know About Custody in New York
Custody can often be a difficult thing to come to an agreement on with your spouse. Thinking about splitting up your time with your children may leave you feeling scared or sad. Here is what you need to know about custody in New York.
Issues with regards to child custody and access are important during a divorce with children involved. Custody is generally going to go to the party who has been the primary care taker for the children during the course of the marriage.
Types of Custody in New York
There are different forms of custody. There’s sole custody where one spouse is the primary decision maker. There’s joint custody where both parties work together in making these decisions. Even when there is a joint custody situation, generally one party or the other is going to be the residential parent. The primary issue regarding that is, who has been the primary care taker during the course of the marriage. Some factors that go into determining which parent that is includes:
- Who takes care of the children on a daily basis?
- Who gets them off to school?
- Who helps them with homework?
- Who arranges their haircuts?
- Who schedules their doctor’s appointments?
- Who attends the school meetings?
All those factors are very important in determining whether or not a joint custody situation is best.
With respect to typical access for New York State, the non-residential parent will have alternate weekends. That may end up being something like from Friday after school through Sunday at a time usually around seven o’clock to ensure the kids will be on a schedule that is appropriate for regular school hours. The non-residential parent may be awarded two or three nights a week, one-three hours at a time, depending on the situation as far as schooling is concerned.
Attend all the Activities of the Children
Some parents have children that are involved in everything. They have soccer, football, gymnastics, and dance. Parents want their child to be able to participate in all those different events. They don’t necessarily have to be the parent who takes the child to that activity in order to be able to be there, participate, and enjoy the event with their children. That can all be set for a proper parenting or access agreement.
As far as holidays are concerned, it could be set up different ways. You can alternate holidays or share holidays with specific time frames. The holidays will include Christmas Eve and Christmas Day usually as separate holidays. That will be that same with regards to New Year’s Eve or New Year’s Day. After that, all the religious and/ or national holidays that you ordinarily enjoy are going to be either shared or alternated between the parties.
If you need an attorney whose experience will work for you, contact Buffalo Divorce Attorney Randy Gugino. He is dedicated to supporting you and your family through difficult times.