I want my child to come and live with me!

Whether through a divorce judge or family court judge decisions are being made concerning which parent a child should live with based on various considerations, including the central principle of what would be in the best interests of the child.

Many clients want to know can the children live with both of the parents, and have two places to live? Does Joint Custody not mean that the children can reside between both parents? Does Sole Custody of the children mean she is taking the children away from me? Or, he is taking away my role as a parent? The fear of losing your children or the right to be in the life of your children can be very real.

In the majority of cases in New York State a court will support the right of both parents to remain in the life of the children, through court orders issued whilst the case is still being heard and by a final order issued at the end of the case. Generally, this is seen as in the best interests of the children. However, if there is abuse, neglect, harm to the child, substance or alcohol abuse or other compelling reasons a court may provide conditions, limits and even no contact with the child.

Often the parent must likely to have a court grant that the child come live with them , is the parent that has and is providing the current status quo of good stability for the child, but this may not be the case in very situation.

The other parent who the child does not live with may often get regular contact and parenting time with the children, which could include in-personal visits, video calls and spending summer and public holidays together.

If the child lives with the parent who has been granted Sole Custody, they may also have the final say on major decision-making over schools, education, health decision and religion for example. If the parents are granted or through agreement have Joint Custody, the court may still order that the children live with one parent and not between two parents , as this may be too unsettling for the child. However, making decisions over major areas like schools and health may be ordered to be jointly considered with consultation of both parents, but with just one of the parents having the ability to make the final decision if the parents cannot agree.

The parent that the children do not live with most of the time, that does not have sole or joint custody, may still get liberal parenting time with the child, where for example, the child spends every weekend with the parent plus three weeks during school summer holidays plus alternate public holidays. The key is obtaining what is known as ‘liberal parenting time’ with the child.

So, maybe, depending on your case your child could live with you. Maybe you could get via a court deciding or via a legal agreement recognized by the court sole custody of your child. However, if you get joint custody this may not be a result that takes away your rights to be a parent to your child, spend time with your child or be apart of major parenting decisions.

It is all about what is best for the child and how your role as a parent can be apart of this.

By The Law Office of Leah T. Wills Pllc. 

All information in this blog is for general information purposes only and should not be taken as legal advice or direction for any individual situation. The information on this blog does not create an attorney-client relationship.