If you need help figuring out custody, you may be feeling overwhelmed by it all. This can be a tumultuous time for all involved and you want to find a way to do this the best way for your family.
Figuring Out Custody | Shared Residency
Many times, parents will have children the same exact amount of time. Whether or not there is a child support obligation under that scenario depends upon what the incomes of the parties are. If the parties make virtually the same amount of money, there’s probably not going to be a child support obligation. However, if one of the parents makes significantly more than the other, then that parent is typically deemed to be the non-custodial parent for child support purposes and they would have to pay child support to the parent who earns less.
Figuring Out Custody | Joint Custody vs. Sole Custody
People who have joint custody are generally given the obligation of making decisions together on the issues that affect their children. People who have sole custody make that decision by themselves. They don’t have to talk with the other parent in order to make that decision. They can have joint custody and sole custody in any case, regardless of the amount of time that they have the children. Typically, if they have the children less than half the time, then other parent would have sole custody. If it’s a 50/50 shared residency plan, it could be a sole custody with one parent being able to make all those decisions.
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Figuring Out Custody | How the Courts Decide on Custody and Visitation
When considering issues of child custody and visitation, the court will look at what is in the best interests of the children. The court will consider all the facts and circumstances as they exist in each case. They will determine who can best serve the children, who is best able to care for the children, when each parent should have time with the children, and what scenario is going to most appropriately meet the needs of the children.
Figuring Out Custody | Do Courts Favor the Mother?
Many parents may be wondering if there is a tendency in New York State to favor the mother in custody arrangements. Rest assured, this is not true to these cases. The courts will be looking at what is in the best interest of the children. In many cases, it is in the best interest of the child to be with the mother. However, it is true that just as many cases, being with the father is in the best interest of the children.
If you need legal guidance to help with figuring out custody, please call our Rochester family law attorney Michael Schmitt today for a free consultation.