Child Custody And Visitation
Child custody and visitation matters can be quite challenging for a family going through a divorce proceeding. At the Law Office Of Jeffrey W. Johnson, our child custody and visitation lawyer has helped many families navigate this complex terrain. Part of our aim is to make sure that you receive the support you need. Our child custody and visitation attorney will consider various factors in determining the best course of action for you and your family. Together we can develop a customized plan that works for everyone.
Family Court Vs. Supreme Court In NY | Case Transfer & Handling
What Is The Difference Between Family Court And Supreme Court In New York? What Type Of Cases Does Each Court Handle? When Would You Be Transferred To One Versus The Other?
In New York State, family law matters can be handled by both Supreme Court and by Family Court. Supreme Court basically handles divorces, and as part of a divorce, they also decide child custody and visitation issues, child support, and Order of Protection issues. While Family Court can handle child support, custody and visitation, and Orders of Protection, as well, they cannot do the actual divorce itself; they can’t grant a divorce or divide up property, pensions, assets, etc. Read More
What Are Some Of The Different Options Or Arrangements For Time-Sharing Or Custody Under New York State Law?
While the number of possible arrangements is almost infinite, there are basically two types of custody in New York: custody, which some people call sole custody, and joint custody. Sole custody means that the custodial parent makes the important decisions regarding the health, education, and welfare of the child. They almost always have to keep the other parent advised of whatever decisions they’re making about this child, and the other parent will normally have access to all medical and educational records of the child, but the custodial parent does make the final decision. Read More
Can Parents Create Their Own Custodial Arrangement Or Does The Matter Have To Be In A Legal Agreement Recognized By The Court?
Parents certainly can create their own custodial arrangements, which is what normally happens. When we see cases in Family Court, it’s usually because the parties couldn’t come to some kind of an agreement. A personal arrangement doesn’t have any legal effect as long as there’s no custody order from a court. Each parent has the same rights to the child as the other parent. That means that even if parents have an oral agreement that the child will live with one parent while the other parent gets weekends, the parent who has weekends could decide to keep the child for longer for whatever reason. The other parent can’t say, “No, you can’t do that,” because either parent could actually do that. Read More
Does The Setup Of Our Parenting Plan Affect The Child Support Amount Or Arrangement?
The setup of your parenting plan wouldn’t typically affect your amount, unless you’re in a fifty-fifty situation. If one parent has more than fifty percent of the time with the child, that parent will normally be entitled to the full amount of support. Fifty-fifty arrangements can get a little complicated, however, as some courts have said the parent who has less income will be entitled to 100 percent of the support from the other parent. Meanwhile, other courts have said that you should figure out how much support each parent would have to pay to the other parent under normal circumstances and offset it; then, whoever would be liable for more support would pay that amount to the other parent. Read More
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