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Frequently Asked Questions About Child Custody

At Judd & Moss, P.C., we understand you have many questions when going through a divorce or separation. We have provided some answers here to questions we are frequently asked. We know you will have more. Call us at 631-615-1758 for a consultation to discuss your concerns in detail.

What Is The Difference Between Physical Custody And Legal Custody?

Physical custody pertains to the parent with whom the children will live. Legal custody is the right of both parents to make educational, medical, legal, medical and religious decisions for their children.

What Is Visitation?

Visitation is the parenting time granted to the noncustodial or nonresidential parent.

How Do The Courts Determine Which Parent Will Be Primary Physical Custodian Of Our Children?

If parents cannot agree who will be the primary physical custodian of their children, the courts consider several factors, including which parent has been primarily taking care of the children, how fit each parent is to continue parenting, which parent is most likely to continue fostering a healthy relationship between the child and the other parent, the quality of attention given and the safety of their home, among others.

After Our Divorce Is Final, Can I Move Out Of New York With Our Children?

Generally, the court favors circumstances that will allow both parents to have consistent and frequent contact with their children after divorce. However, parental relocation is highly dependent on the necessity for a parent to move and therefore impair the other parent’s ability to exercise his or her visitation or parenting rights. There is no clear cut answer, but it is best to work with a knowledgeable family law attorney who can assess the viability of a relocation request.

I Was Never Married To My Child’s Mother. Do I Still Need To Pay Child Support For My Child?

If your child does not live with you most of the time, you are likely required to pay child support. It is not a simple process. If you are unmarried, paternity will first have to be established. Once established, a child support proceeding is usually brought in the family court. We can help you understand the statutory formula for child support in New York, as well as the mandatory additions for child care, medical insurance and expenses, and educational expenses.

Do I Need A Lawyer To Help Me With Child Custody Matters?

If you and your child’s other parent can agree to coparenting after your divorce or separation, you may not need to create a legal settlement. However, if you cannot agree on where your child will live, a visitation schedule and other matters, it is best to speak with an experienced family law attorney. There are several methods to create peaceful agreements. Email our firm or call 631-615-1758 to schedule an appointment to learn more.