Divorce is often associated with stress and emotional complications. In an uncontested divorce proceeding, however, the parties have already come to an agreement about how the divorce will take place and the rights of each party following the Judgment of Divorce. Despite the relative ease that uncontested divorces offer, there are still many nuances that each party should consider before making certain agreements, including child custody arrangements. This makes it important to consult a divorce lawyer who can protect your interests. At The Claro Law Firm, Yonkers and White Plains child custody attorney Elisa Claro has assisted many New York residents with navigating an uncontested divorce. She can help you pursue your objectives regarding the future of your children.Understanding Child Custody Arrangements In An Uncontested Divorce
If your relationship does not involve a history of abuse or domestic violence, New York State law allows you to obtain an uncontested divorce. This means that the parties can stay out of court and potentially use resources like mediation and collaborative techniques to resolve matters like the division of property, spousal support and child custody. Before you may file an uncontested divorce in New York, the parties must satisfy the residency requirement. Domestic Relations Law § 230 provides five bases for proving residency. You must also satisfy one of the grounds for divorce enumerated under Domestic Relations Law Section 170. Examples include abandonment for at least one year, adultery or a breakdown in the relationship for at least six months.
In New York child custody matters, the two main components to consider are physical custody and legal custody. Physical custody refers to where and with which parent the child will live. Legal custody pertains to the authority of each parent to make major decision on behalf of the child(ren), including education, religious upbringing and medical treatment. A child custody arrangement may result in the parents sharing physical custody and legal custody or one parent having sole legal and/or physical custody.
If a parent is not awarded physical custody they may have the option of visitation rights, also known as parental access. Parental access sets forth the terms of visitation frequency, location and duration. In an uncontested divorce, the spouses reach an agreement about these issues and submit them for court approval. However, if the parties are unable to reach an agreement the divorce will become contested and a court may have increased involvement.Contact An Experienced Child Custody Attorney In Yonkers Or White Plains
Devising a child custody agreement appropriate for your situation may be challenging without the guidance of an experienced family law attorney. At The Claro Law Firm, we will listen to your perspective, assert your rights and ensure that you receive knowledgeable guidance. White Plains and Yonkers child custody lawyer Elisa Claro represents people throughout Westchester County, including in Peekskill, Rye, New Rochelle, and Mount Vernon. Call us at 1-877-631-3539 or contact us online to schedule a free consultation.