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Winning Child Custody During Your Divorce

Spouses have to deal with a variety of issues when they get divorced, but few understand how hard it will be to get child custody. Child custody during divorce is a stressful time for both parents. If a parent doesn’t try to get parental rights then they will have restricted time with their children until they are 18. Both custody and visitation may be taken away or limited, which prevents you, the parent, from seeing your children when they are minors. Protecting your rights to winning child custody during divorce begins by understand what you need to showcase to a judge to get the result you’re looking for.

Types of Custody

Many spouses will file for sole custody in divorce while others will settle for joint. Today, most courts will hesitate to grant sole custody unless it is absolutely necessary. If it must grant this sole custody to one parent, the court will usually still provide generous visitation rights to the other parent. However, when someone is not granted joint custody during divorce, there are major decisions that will have to be made regarding education and other topics that the non-custodial parent will have no right to.

Joint custody in divorce allows each parent to have the right to see their children. The courts usually grant this arrangement once parents begin to live separately even when a divorce isn’t final. A judge may also order joint physical custody, joint legal custody or sometimes both.

How is Custody Determined?

The decision to award custody will depend on the housing needs of the children, work schedules, finances, and other factors. A divorce lawyer can help you to win child custody during divorce by positioning you has the suitable caregiver. Divorcing parents will want to avoid a fight that takes place in court. This can be avoided with a parenting agreement. This will allow child custody to be settled outside of the courts. The parenting agreement will finalize all custody decisions in writing and is presented to a family court judge for approval.

Call to Schedule a Consultation With a New York Divorce Lawyer Today

If you’re going through divorce and want to settle custody rights outside of court, our legal team can help you. Our legal team at the law offices of Rubinstein & Associates PLLC can assist you in writing a parenting time agreement where both you and your ex agree to custody terms. We serve the areas of Woodmere, Long Island, Lynbrook, Hewlett, Rockville Center, Cedarhurst and surrounding Nassau County communities. To learn more about our services, visit our website at rubesq.com or give us a call to schedule a consultation at 516-268-7077  and let us help you defend your legal rights.

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    Rubinstein Law Firm

    The Rubinstein Law Firm proudly serves all of New York for divorce and other state matters and the whole country on intellectual property related matters.

    FAQ’s

    • What grounds do I need to file for divorce?
      • New York is a no-fault jurisdiction which means the most commonly cited cause is IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP. So, for example, if your spouse had adultery, it is not really relevant to the actual divorce grounds.
    • Do I file a contested divorce or an uncontested divorce?
      • Uncontested means both parties agree to sign a settlement outside of court and are relatively close in terms of what they want in the terms.
    • How much does the divorce process cost?
      • Uncontested divorces are considerably cheaper, the range is between $1,000-$3,000 depending on complexity. For a contested divorce, it will depend on how willing the spouses are to work together, if so, it can cost as little as $7,000 but if there is excessive fighting the divorce can last years and the sky is the limit.
    • How long before I am officially divorced?
      • Fortunately, NY is not a state that requires a separation period. So as long as you and your spouse have been married for at least 6 months and are an NY resident, you can begin the process immediately. If the divorce is not contested it can be completed in as fast as two months and may take as long as eight months. If the divorce is contested and the parties find it challenging to agree, divorce can go on for many years.

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