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Child Custody Attorney in Rome, NY

Your Rights Under New York's Child Custody Laws

Whether you are facing divorce, or you have been through the process and are seeking a modification to your child custody rights, it is important to have skilled legal assistance on your side that understands the process. At the Law Office of Diane Martin-Grande, we understand the severity of the case that you face, and you can be sure that we will stand by you throughout the duration of your case to pursue the outcome that you need. Attorney Martin-Grande has nearly 30 years of experience practicing law, and she has a wide breadth of experience in all facets of law.

Fighting for child custody in a divorce case can be one of the most difficult and stressful experiences of your life. It is important to be informed that if you and your spouse are unable to come to an agreement regarding child custody, then a judge will ultimately make the decision for you. The judge will make the decision based on one overlying element - the best interests of the child or children involved. In order to better your chances of receiving the custody rights that you desire, you must show that you provide a household and living situation that is in the best interests of the child.

Types of Custody Agreements in New York

There are many different child custody arrangements that the court can arrive at but there are two main types of custody and that is physical custody and legal custody.

When it comes to deciding the physical, or residential, custody of the child the court will look to see how close the two parents live from each other and whether or not it is in the best interests of the child to either switch off living with either parent or just residing with one. After careful consideration the court can come to two different conclusions, they will either award full custody or joint custody.

  • Full (Sole) Custody- This is when one parent is granted total physical custody of the child, meaning the child will primarily live and reside with them. This is typically awarded to the primary caregiver of the child who is involved with their everyday life. In cases like this the noncustodial parent will be awarded visitation time. When awarded fully custody that parent also gets to make all important legal decisions for the child including what doctor they will go to, how they will be educated, what religious faith they will be raised in and things of that nature.
  • Joint (Shared) Custody- With this arrangement the court will come up with a schedule so that the child switches off living with each parent. When parent are awarded joint custody it is important to remember that both parents have equal right to share in the decision making process for the child.

Coming to a child custody decision can be one of the more contentious areas in a divorce case. Ultimately the custody decision is up to the judge and they will be looking to rule in favor of the child's best interests.

Defending Your Rights in Court

Your situation is important to us, we take the time to listen and we implement a strategy built upon years of experience in a variety of legal areas. We can assist you in determining the best course of action, and you can be sure that we will stand by you and fight for your rights in court if the need arises.

Contact us today to discuss your case and to begin the process of building a strong case that will help fight for your rights.

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