Understanding Child Custody in New York

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One of the most difficult yet important issues to resolve in a divorce case is that of child custody. Child custody is simply the responsibility of and care for a child. This could be a parent, a grandparent, or another legally appointed guardian. If someone believes that they should have custody of a child or children, they can petition the family court in New York for custody. The person who had custody of the child will be given a copy of the petition as well as a court summons. In some cases, this is one parent serving papers to the other parent. If someone who is not a parent is requesting custody, the papers must be given to both parents.

Once this stage has been successfully completed, there will then be a formal hearing. If, however, the people involved are able to come to a compromise on their own, this hearing will not be necessary. If the hearing does occur, the testimony of all sides will be heard. The court may decide that further investigation is required and so may look for evidence showing which party is fit to have custody.

When one person is granted full physical custody, other family members may request an order of visitation in order to be guaranteed they will get to visit their son, daughter, niece, nephew, sibling, or grandchild. If the court decides that an order of visitation is in the best interests of the child, then the order will be granted. Throughout this process, it is highly recommended that both sides have a legal representative present. My team at the Law Offices of Jay D. Raxenberg, P.C. is available 24 hours a day, 7 days a week to help you. Please, call my office today to learn more.

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