What Are the Differences between Joint and Sole Custody? When do I hire a Child Custody Attorney?

New Yorkers have a lower divorce rate than other major cities in the country, at just around 6.2%.  Nevertheless, when New York couples choose to divorce there are complicated issues that become ever more complicated when children are involved. Child custody issues are stressful due to the intense emotions that tend to spill over during divorce cases. Frequently both partners feel as though their home would be best suited to raise the children of a failed marriage, and sometimes one partner seeks to prevent the other from even visiting the children at all.  If you are planning to leave your spouse and believe there will be issues concerning child custody or visitation rights, hiring the experienced New York City child custody lawyers at The Edelsteins, Faegenburg & Brown, LLP can help you identify the next steps that need to be taken to protect your rights.


What is Custody?

There are two parts to child custody.  One is the right and responsibility to make legal decisions for a minor. This is called legal custody.  A second part of custody is where the child will live (physical custody).  It is possible that your spouse may be seeking to prevent you from either making decisions on behalf of your child, prevent you from living with your child, or prevent you from making scheduled visits with your child (such as weekends at your house).  Until a child reaches the age of majority (eighteen), his or her parents need to sort out issues of custody during divorce proceedings.

What Are the Differences between Joint and Sole Custody?

Simply stated, when one parent has sole custody of a child, he or she has the sole right to make decisions for that child’s well-being.  When parents have joint-custody of a child they make major decisions about the child’s life together.  Some of these decisions can be significant, and you will want to protect your interest in maintaining the ability to have an influence in your child’s life.  Major decisions that are made by the parent having legal custody of a child include (but are not limited to):

•    Education
•    Health 
•    Religion

Likewise, the parent having physical custody of the child makes smaller day-to-day decisions.  In order to ensure that you protect your parental rights it is imperative that you contact an attorney who focuses in issues concerning child custody and visitation. You do not want to be shut out of your child’s life after you and your spouse divorce.

Why Should I Hire a New York Child Custody Attorney

Child custody cases can be complex and can contain multiple legal issues and unique facts that need to be evaluated during divorce proceedings.  Accordingly, if you are seeking to protect your parental rights do not wait to call the experienced Brooklyn child custody lawyers at The Edelsteins, Faegenburg & Brown, LLP at (718) 875-3550 for a free consultation.  We will evaluate the issues in your case and advise you as to the proper course of action immediately.