Custody involves the issue of which parent the children should reside after a divorce or, if the parties are not married, separated. According to the law, each parent has an equal right to custody of the children. The Court must review all aspects of the parties in determining this issue. The primary consideration of the Court in determining this issue is the best interests of the children. As a result, virtually everything is important for the Court to consider.
In determining custody, the Court can award joint custody or sole custody. Joint custody primarily involves joint decision making of the parties and does not necessarily mean that the parties will share the children on an equal basis. On the other hand, sole custody involves decision-making by the custodial parent. Although New York Courts are not generally willing to grant joint custody in a heavily contested matter, the real differences between joint and sole custody are far less than in previous years as a result of the Court providing the non-primary residential parent with significant input to medical and educational information on behalf of the children as well as providing that parent access to extracurricular activities and other day-to-day involvement with the children.
In a contested matter, the Court appoints a lawyer to represent the children who is known as a "law guardian." Depending upon the resources of the parties, this attorney may be paid by the parties in addition to their payment of their own attorneys. The role of the law guardian is important in protecting the interests of the children and in making recommendations to the Court.
A major area of concern currently in litigation involving the children relates to "relocation" cases. This is the issue primarily of the custodial or primary residential parent desiring to move from the local area with the children. The factors to be considered by the Court as to whether or not it will permit such a move are extensive and this represents a significant portion of custody litigation.
Attorney Alan L. Offen is also ready to assist clients with Family Law-related issues, such as:
Contact the Law Offices of Alan L. Offen online today or call (585) 200-3903 or (866) 869-3164 to arrange an informative consultation Mr. Offen will meet with you personally to learn about your case.
