It is important to think carefully about the terms of your separation agreement. If you decide to divorce later, the terms of your separation agreement may become the terms of your divorce. Exclusive custody includes both legal custody and physical custody. A parent may have one or the other. Full custody is when a parent is granted both legal and physical custody. Whatever your separation, a detailed education plan is essential. It provides structure and helps communicate on parenting issues. If you decide to divorce, your parenting plan is also a good starting point for effective negotiations or mediation. Child custody is a legal term used to describe the legal and practical relationship between a parent and his or her child. In principle, „retention“ is the legal right of the parent to make decisions for the child. It is the parent`s duty to care for the child. New York`s child protection laws are designed to protect the best interests of the child. While some sources say that there are no guidelines or few guidelines for the allocation of child custody, this is not correct.
The New York jurisprudence provides many guidelines and has defined the best interest quite broadly. Shared custody: both parents have custody of the children. This type of child care is for parents who are able to work together in education in the best interests of children. Even if you separate informally (i.e. the court is not involved) or if you do not have a state-mandated separation period, you should establish and follow an education plan. Access is the legal term for the right of the child and parent to spend time together. Although they may not play a role in decision-making, a parent with access has the right to obtain information about the child`s education, health and well-being. Other family members, such as grandparents, also have access to it. As a general rule, a non-custodial parent has access to the child. Creating and following up on an educational plan during separation helps your child adjust to your family`s new situation. Your education program creates consistency and structure, while ensuring that your child spends enough time with each parent.
It is wrong to think that if one parent with sole custody dies, the other parent automatically gets custody. That is not necessarily the case. A parent with sole custody may choose the one who has custody of his or her child for the first 90 days after his or her own death. The person they choose can then ask the court that custody of the child after. With a shared concern, the child lives about the same time with both parents. For example, the child may spend two weeks with one parent, then two weeks with the other. This can work well if both parents live in the same community.