Child Custody in Smithtown NY is likely to get very confusing very quickly, and every person involved is likely to have an opinion. Mom may suggest taking one action, and the other partner may be extremely confident of how something works and what they can do about it. There are a few cold hard facts about Child Custody in Smithtown NY that are expressed here by lawyers like Patricia Issberner and her staff.
No Inherent Right to Custody
Some states have a preferred right to custody. In short, it means that one partner will be favored in the court of law, and most of the time this is the mother. New York does not work like that, and there is no built-in right to custody that one may have over the other. It allows both the mother and father to have even grounds for full custody, visitation, etc.
Primary Careholder – The largest consideration for who gets custody of the child is who the primary care holder is. The court will look at both parents and assess where the child spends the majority of the time. The time is also qualified. For example, the court will look at what is happening during that time. Is the child being fed, taken to school, and dressed during the time? One parent may have less time overall, but they may be doing everything in regards to care.
Is Joint Custody Realistic?
In the state of New York, joint custody is absolutely possible. One parent may stress joint custody, but it is not likely in a divorce. The courts are often unwilling to process a joint custody in a divorce because it is highly suggestive of a lack of cooperation. Joint custody is possible if both parents agree. If one does not, the other parent can rarely force another to take that action. It depends on the situation as always, and many small variables could contribute to how that situation develops.
The firm in Smithtown can finally allow a mother and father to move forward in a healthy way, and get out of that state of flux, chaos, and inconsistency that comes with disorganized and casual child custody.
