Legal Custody in New York: Protecting Your Parental Rights

Legal custody is one of the most important aspects of a child custody case, giving parents the authority to make major decisions about their child's upbringing. If you're involved in a custody dispute in New York, understanding your rights and options regarding legal custody is crucial.

At Veridian Legal, our experienced NYC family law attorneys are dedicated to helping parents navigate the complexities of legal custody cases. We provide compassionate and effective legal representation to protect your parental rights and ensure your child's best interests are prioritized.

What is Legal Custody?

Legal custody gives a parent the right to make major life decisions concerning their children's well-being, including:

• Schooling: Deciding on public or private school, school district, and extracurricular activities.

• Medical decisions: Approving or denying medical treatments, including vaccinations and surgeries.

• Travel: Authorizing out-of-state travel and international trips.

• Camps: Deciding whether the child attends camp, for how long, and which camp.

• Religious upbringing: Choosing the child's religious upbringing, if any.

• Gender pronouns: Deciding on the child's gender identity and pronouns.

Without legal custody, a parent may not have a say in these important decisions.

Types of Legal Custody Arrangements

In New York, there are several different types of legal custody arrangements that the court can order:

• Sole Legal Custody: This means that one parent has the exclusive right to make major decisions about the child's upbringing, such as those related to education, healthcare, and religion. The other parent may be entitled to receive information about these decisions but does not have the authority to make them.

• Joint Legal Custody: This means that both parents share the right to make major decisions about the child's upbringing. Ideally, parents with joint legal custody will consult with each other and reach agreements on important matters. However, if they cannot agree, they may need to seek the court's intervention or utilize alternative dispute resolution methods like mediation.

• Joint Legal Custody with Final Decision-Making Authority: In some cases, the court may order joint legal custody but grant one parent the final decision-making authority in case of a disagreement. This can be a good option when parents are generally able to cooperate but may have occasional disagreements on major issues.

Choosing the Right Legal Custody Arrangement

The best legal custody arrangement for your family will depend on your specific circumstances, including your ability to co-parent effectively, the level of conflict between you and the other parent, and your child's needs.

• Sole legal custody may be appropriate if one parent is unable or unwilling to co-parent effectively, or if there is a history of domestic violence or abuse.

• Joint legal custody can be beneficial when parents are able to communicate and cooperate effectively, as it allows both parents to be involved in important decisions about their child's life.

• Joint legal custody with final decision-making authority can be a good compromise when parents are generally cooperative but may have occasional disagreements.

Our experienced NYC family law attorneys can help you understand the different types of legal custody arrangements and advocate for the arrangement that is best for your child and your family.

How Legal Custody is Decided in New York

There are three primary ways that legal custody can be determined in New York:

1. Divorce Proceedings: If the parents are divorcing, the issue of legal custody will be addressed as part of the divorce proceedings in Supreme Court. The judge will consider various factors, including the child's best interests, each parent's ability to provide a stable home, and the parents' willingness to co-parent effectively.

2. Family Court Proceedings: If the parents are not married or have separated and are seeking a custody order outside of a divorce proceeding, they can file a petition in Family Court. The Family Court judge will follow a similar process to the Supreme Court in considering the child's best interests and the parents' circumstances.

3. Stipulation or Agreement: Parents can reach an agreement on legal custody through negotiation and compromise. This agreement, often called a stipulation, is then submitted to the court for approval. If the judge finds the agreement to be in the child's best interests, it will be incorporated into a court order.

The Importance of Legal Counsel in Legal Custody Cases

Legal custody cases can be complex, emotionally charged, and highly impactful on a child's future. It's crucial to have an experienced family law attorney by your side to protect your parental rights and ensure your child's best interests are prioritized.

Here's how a skilled legal custody lawyer can assist you:

• Provide Expert Legal Advice: A lawyer can explain the relevant laws and procedures, the factors that courts consider, and the potential challenges you may face. They can help you understand your rights and options and develop a strong legal strategy.

• Gather and Analyze Evidence: Building a compelling case for your desired custody arrangement requires gathering and presenting strong evidence. Your lawyer can help you collect relevant documents, such as school records, medical records, and financial statements, and can also work with investigators or expert witnesses to strengthen your case.

• Negotiate with the Other Parent: A lawyer can act as an intermediary between you and the other parent, facilitating communication and negotiation to try to reach a mutually agreeable custody arrangement. This can help reduce conflict and minimize the emotional toll on everyone involved.

• Draft and File Court Documents: Your lawyer will handle the preparation and filing of all necessary court documents, ensuring that they are accurate, complete, and filed on time. This can save you time and stress and avoid potential procedural errors.

• Represent You in Court: If your case goes to trial, your lawyer will represent you in court, presenting evidence, cross-examining witnesses, and arguing your case before the judge. They have the experience and knowledge to effectively advocate for your position and protect your rights.

If you're facing a legal custody dispute in New York, don't hesitate to contact Veridian Legal for a consultation. Our experienced family law attorneys can provide you with the guidance and support you need to navigate this complex process and achieve the best possible outcome for your child.

What Situations Does Legal Custody Not Apply To?

It's important to understand that legal custody does not encompass every decision related to a child's life. It focuses on major decisions, not day-to-day choices. For instance, what a child eats, wears, or the time they go to bed during their time with the non-custodial parent are generally considered day-to-day decisions that fall under the purview of the parent with whom the child is currently residing.

Legal Custody is Not All or Nothing

• Limitations on Sole Legal Custody: Even in cases of sole legal custody, the court can still grant the other parent the right to make certain decisions or may limit the decision-making authority of the custodial parent. For example, if there are concerns about a parent's decision-making regarding medical treatment, the court may order that both parents consult with a doctor before making any medical decisions for the child.

• Flexibility in Agreements: Parents can also agree to limit one parent's sole legal custody in specific areas. For instance, one parent might have sole decision-making authority over educational matters, while the other parent has sole decision-making authority over religious upbringing. This allows for flexibility and can help parents reach agreements that address their specific concerns.

Automatic Joint Legal Custody for Married Parents

In New York, married parents automatically have joint legal custody of their children. This means they both have equal rights to make decisions about their children's upbringing, unless a court order specifies otherwise. If one parent wishes to change this arrangement, they will need to file a motion with the court, such as a pendente lite motion in Supreme Court or a motion in Family Court for temporary custody. These motions are typically filed at the start of a proceeding or in the case of an emergency.

Experienced Joint Custody Lawyers Cali Madia and Daniel Szalkiewicz Are Here to Help

Our office understands that family is everything and will always fight for your ability to play an active role in your child’s life. We also understand that, because no two families are alike, the is never a one-size-fits-all solution to a problem. We take our time with each client to make sure we fully appreciate their wants and needs so we can best serve their interests in court. Call (212) 706-1007.