Queens Child Custody Law Part IITuesday, June 30th, 2015, 10:10 pm
The process of divorce is made even more complicated if you have kids. If you are like most couples considering divorce who have children, you may be concerned about how your child or children will handle the situation and want to know more about New York Child Custody Laws.
Our child custody attorneys here at FK Law Group work with couples throughout Queens and New York City to create a plan for child custody that works best for you and your estranged spouse, and most importantly, your children.
We have answers to some of the most common questions we receive here regarding child custody in New York. Considering taking action? Contact the Queens office of FK Law Group at 800-631-1757 for information on how we can work with you to achieve the best outcome possible for your child custody or family law matter.
What does joint custody mean, legally?
Simply put, joint custody indicates that both parents have equal responsibility when it comes to their child. This means parents will have to cooperate enough to consult with each other on such major decisions as their child’s health care, education and what religion they will raise them in. If parents don’t seem amicable enough to coordinate on these decisions, then the court will most likely not give joint custody and instead grant custody to one parent.
When it comes to joint custody, everyday items like bedtime and meals depend on the parent who has physical custody that day/week, etc.
When custody is given to one parent and the child is visiting with the other, what happens if the non-custodial parent won’t return the child?
Legally speaking, the parent without the custody order is always in the wrong in this situation. If they refuse to bring a child back from a visit or take the child from the care of the custodial parent, it’s possible they could be arrested- the charge would be kidnapping. Another possible charge: interfering with custody.
Can the custody order of a child be altered?
It is possible if there is a major shift of some sort that affects the child’s best interests. Custody orders typically aren’t switched for minor changes in circumstance. The reason is the child by this point would be in a routine so to switch and uproot the child for something insignificant is usually not in the best interest of the child.