Child Custody
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Protecting the familial relationships of New York clients

Sad child suffering and parents having discussion

Divorce and separation are complicated and emotional. When children are involved, the topic of child custody can be a heated and contested matter. One of the parents may believe that they deserve additional rights to the child because they see them more while the other works to support the family. This is not the case. Both parents have equal footing in court regarding child custody. Courts and judges always act in the best interests of the child. New York State believes that the child’s best interests are met when both parents have regular and ongoing access to the child unless either party is deemed “unfit” to be a parent by the court. If you are going through a divorce based on the contested issue of child custody, contact Penichet & Alberga LLP to represent your needs. Our legal team is known for proven results. We will work to protect your familial relationship.

Joint and sole custody

Joint and sole custody generally determine the child arrangement. Sole custody is rare. When sole custody is issued by a court, it is because one of the parents is considered unfit to be a guardian and cannot be trusted to care for the child. If one parent poses a danger to the child, the other party will be awarded sole custody, giving them full control over the child’s life. Most cases will see a joint custody arrangement, meaning that both parents have rights to the child. Most courts will have to address the issue of legal and physical custody to figure out the details of how the family will function in the future.

Legal and physical custody

There are two types of custody that parents will most likely have to address in a court case based on child custody. Legal custody is the term used for the one or ones who are able to make the important decisions of a child’s life, including academic, religious, social, and medical decisions. Legal custody may be the most important factor of a child custody case because if either parent gets sole legal custody, the other could see a drastically diminished relationship with the child. Physical custody is another story. Physical custody is awarded to the parent that will house the child more times per week. These parents are sometimes called “custodial parents” or “primary caretakers.” If you were to lose physical custody, we will help you fight for legal custody.

Contact an experienced Westchester County child custody law firm

Child custody is often the most contested issue in a divorce and one of the greatest sources of conflict in post-divorce matters. Penichet & Alberga LLP is here to help you protect your family interests. Contact us by email or call us at 914-806-6675.