Obtaining sole custody rights of your child is rare unless there is hard evidence that shows the other parent is unfit to properly care for your child. Here are a few scenarios when full child custody may be granted to one parent.
A prenuptial agreement is an agreement that a couple comes up with before marriage that outlines their finances. A prenuptial agreement summarizes what will happen to property, assets, income, and debt if the marriage ends. Here are some protections that a couple getting a prenup should put into place: Children from a prior relationship - A child that was brought into the world before marriage, in a previous relationship, is only the responsibility of the biological parent. This is important to include in the prenuptial agreement because some spouses may try to get child support from their spouse for a child that isn’t theirs. One of you is a stay-at-home parent - It happens all too often that a stay-at-home mom or dad is left with nothing after a divorce. A prenuptial agreement will ensure that a stay-at-home parent gets money, so they can get an apartment and any other essentials until they find a job. Significant assets - Some people are left very valuable assets by family or close friends. Assets can be in the form of a lump sum of money, jewelry, a car, a house, or even a business. Prenuptial agreements can put protections in place to protect assets that either party has inherited. One of you owns a business - It’s very important to state who the owner of the business is in a prenuptial agreement because no one wants to go to court to fight for something that is theirs. A prenup will save you the headache of fighting for your business, should you and your partner get divorced. Debt - It’s not uncommon for people to have some sort of debt from college, but sometimes people have credit card debt which can take a while to pay off. A prenuptial agreement will outline who has debt and what it is to protect the spouse with no debt from getting stuck paying off debt that isn’t theirs later.
Going through a divorce is never easy, and the thought of needing a lawyer could make it even worse. As soon as divorce becomes an option your first thought may be to contact a divorce lawyer, but it is important to know that not every situation needs a lawyer. If you are able to talk to your spouse about legal issues such as child custody for minor children, child support, alimony, or division of property, you may not need a lawyer's help at all. On the other hand, there are some instances where hiring a divorce lawyer makes sense such as: There’s a problem with abuse You think your spouse is lying about certain issues Your spouse has retained an attorney Your divorce involves young children or complicated financial issues If you find that you just need legal advice, keep in mind that just because you have a lawyer doesn’t mean that you are getting a divorce, but you are getting information so you can be prepared and knowledgeable. If the divorce or separation does end up happening, the information you received at your consultation can help you be prepared. If you do decide you need a divorce attorney, it is crucial you take your time and look for an experienced and well-rounded lawyer. When you have a consultation be sure to ask questions so you know that your best interest is in mind. While you are experiencing marital problems, never give your spouse the benefit of the doubt.
To put it in the simplest of terms, a family court in New York State will always try to make decisions that are in the best interests of the child or children in question. There are four main types of custody in New York, which are the following: Joint Custody - this is the most common scenario in New York, and is where both parents share custody while following a schedule determined by the court Sole Custody - as the name implies, this is where only one parent has custody of the child Legal Custody - this can involve one or both parents (sometimes the court will grant one final authority) making decisions about the child’s education, medical needs, religion, etc. Physical Custody - the parent with whom the child primarily resides is said to have this, but the other parent may have visitation rights Whether or not the parents were married plays an important role in determining custody. Other factors considered include where and how long the child has lived with a parent, any special needs of the child, any domestic violence that occurred, the home environment of each parent, and the work schedule of each parent, among many more. Typically, a court will not decide custody on just one of these factors. Rather, they will look at the entire situation before making a decision. When it comes to the preferences of the child, while there is no “minimum age” for a court to take the preference into consideration, the weight of an older child’s preference will usually carry more weight. As one example, if the child has been living with one parent since a separation or divorce, the court will more often than not grant primary custody to that parent, so as not to disturb the child’s home environment. Maureen A McCready is an experienced child custody lawyer serving Western New York. Not only can she answer your questions about the process, but she can also provide strong representation if the case goes to court, making sure your rights under the law are protected. Don’t fight that custody battle alone. Call Maureen A McCready today to schedule a consultation for your case.
Grandparent-grandchild relationships are important and can provide beneficial bonds for everyone. If a recent divorce or separation has affected this relationship, please contact Maureen A McCready, and our firm will help!
Providing stability for your child after a divorce is imperative and joint physical custody can allow the child to have the benefit of enjoying each parent, equally. To learn more about the legal aspects of joint custody, contact Maureen A McCready today!