In New York, child custody is determined last during a divorce trial. The court makes this ruling based on the most appropriate environment for the child. If the divorce isn’t settled outside of the courtroom, the judge makes this determination based on testimony provided by both parties.
Assigning Temporary Custody
Temporary custody is assigned at the beginning of a divorce trial. This allows the court to focus on the division of marital property and determine if spousal support is required. All aspects associated with the divorce outside of child custody are settled first. The temporary custody assignment doesn’t guarantee that the parent who acquires it will maintain custody at the end of the trial. To acquire temporary custody during the course of your divorce trial, contact a Child Custody Lawyer Suffolk County NY today.
Understanding Child Custody
Sole custody provides a parent with complete authority over the child. This allows them to make all decisions for the child, including what school or church they attend. This parent also determines what doctor provides care for the child as well. If this assignment is achieved, the child lives with the custodial parent primarily. The non-custodial parent acquires visitation with the child based on the orders of the court. Click here for more details about the professional child custody lawyers.
If the non-custodial parent has been deemed a risk to the child, visitation is supervised. The assignment would require an officer of the court to supervise all visitations with this parent. If it is determined that the potentially harmful behaviors no longer exist, the non-custodial parent could petition the court to change this assignment.
Did You Have a Protection Order?
In cases in which a protection order was acquired, the parent petitioning for sole custody could utilize these circumstances to acquire the assignment. The order doesn’t guarantee sole custody. It does bring this information to the attention of the judge.
The assignment of sole custody is achieved when a parent proves that their former spouse is a danger to their child. Drug or alcohol addiction as well as domestic violence warrants this assignment. In these cases, the court reassesses the circumstances at a later time to determine if the opposing parent has acquired help for their condition. To learn more about these circumstances, contact a Child Custody Lawyer Suffolk County NY or visit Long-island-divorce-lawyers.com today.