Divorce and Family Law Practice Areas

Oswego County Child Custody Attorney Protecting The Bonds You Have With Your Children

A family law attorney that cares about you and your family

There are few things in life that are more frightening that not knowing what is going to happen with your parental rights when you are involved in a custody dispute. Your children are the most important thing in the world to you and the stress of having a judge decide what is going to happen with your children can be crippling. The best outcomes are achieved when you know what is happening and why at all times.  Jeff DeRoberts is an Oswego County family law attorney at the DeRoberts Law Firm. Attorney DeRoberts provides compassionate, personalized attention to you throughout your child custody dispute, making sure you are fully aware of what is going on every step of the way, always protecting your best interests.

What is the difference between legal and physical custody?

There are two components of custody that Oswego County courts award. Each has very different implications on the rights and responsibilities of the parents involved. Physical custody is the awarding of the day-to-day duties of the care of your child. The parent with physical custody is designated as the primary residence of the child. The other parent usually gets non-custodial parental visitation rights with the child, unless the court believes that visitation is not in the best interest of the child.

Legal custody is the other component of custody. Legal custody involves the decision making processes for the child, including the health, educational and religious decisions for the child. Even when one parent is awarded a majority of the physical custody, Oswego County courts often favor joint legal custody. Sole legal custody is only awarded in extreme situations where it is not in the best interest of your child for both parents to be involved in decision making.

What factors do courts often consider when determining what is in the best interest of the child?

Family courts in New York are faced with making a lot of difficult determinations when deciding on child custody disputes. You can count on us to make sure that the court has as much information as possible so the judge can make a favorable ruling in your child custody dispute. Some of the factors that Oswego County courts often look at in making their decisions include:

  • What is in the best interest of your child overall?
  • What are your child’s wishes, if they are old enough to maturely express their desires (generally at least 12 years old)?
  • Which parent has been the primary caretaker of the child for most of its life?
  • Has there been any history of domestic violence?
  • Does your child have a special relationship with the parents, siblings, and extended family involved?
  • Do either of the parents have a physical or mental health issue that would impact their ability to provide care for the child?
  • What is the ability of each parent to foster and encourage a relationship with the other parent?
  • Does the child have any special needs that would make either parent better fit to have custody?
  • Does either parent have a work schedule that would not be in the best interest of the child in their upbringing?

If you are facing a child custody matter, contact our Oswego County child custody attorney today

Going through a child custody dispute can be one of the most difficult things you will ever experience. You need to hire an experienced child custody attorney that you can trust to give you sound legal advice. Attorney Jeff DeRoberts has been practicing family law for nearly two decades. For your free initial consultation, contact us online, or call us at 315-479-6445.

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