Child custody is not always set in stone. After a divorce, it is possible to change and modify child custody. Those changes will either be made mutually or via a court order. If there is a significant reason that is in the child’s best interest, a judge will approve requests for modification. Call Gulotta & Gulotta today for a family law attorney in Lake Grove, NY.
Why Would a Judge Change Custody?
For a judge to approve a child custody change or modification, there usually needs to be significant evidence that the change is in the child’s best interest. For example, if one parent has violated a previous court agreement, a judge may approve a change in the custody agreement.
Things such as physical relocation or a change in the situation, either of the parent or child, may result in a need for a change in child custody. Child abuse, neglect, or others can result in a loss of custody. In addition, increasing instability in one parent, whether it be abuse issues, mental health difficulties, or others, the child custody agreement can change. A family law attorney in Lake Grove, NY, can help a judge understand your situation and need for a custody modification.
Does It Need To Be Done In Court?
Parents can agree to voluntarily change custody without a court order, although this change will not be legally recognized. Therefore, all obligations agreed to in the original child custody agreement are still legally enforceable by the court. If you want to ensure that you are legally protected in your custody agreement, it is recommended that a judge approve your agreement.
Do You Need A Lawyer to Change A Child Custody Agreement?
It is possible to modify a child custody agreement without a lawyer. However, that would not be in your best interest. These legal cases are often complex and carry major implications for you and your child. Having a child custody lawyer can help you focus on what’s best for your child. A family law attorney in Lake Grove, NY, is trained to create optimal custody arrangements. Child custody attorneys understand the situation at hand and how to effectively present them to a court.
Expertise For Your Child Custody Case-Family Law Attorney in Lake Grove, NY
At Gulotta & Gulotta, we treat you like family and take your case seriously. We have the knowledge, experience, and legal expertise that you need to win in family court. If you are looking for the best family law attorney in Lake Grove, NY, look no further than Gulotta & Gulotta, located in Ronkonkoma. Contact us today for your free legal consultation!
Types Of Custody
There are several types of child custody that parents may be awarded when they divorce or otherwise need to separate. The two main classifications of custody are legal and physical, but what do these terms mean? Legal custody refers to the right of a parent to make decisions about their child’s upbringing – including major decisions like education, religion, etc., as well as day-to-day decisions such as what doctor the child should see, daily activities, and so on. If you are interested in finding out more about custody, contact Gulotta & Gullotta, a family law attorney in Lake Grove, NY.
Some parents may be awarded joint legal custody, which means that both parents have an equal say in making major decisions about the child’s life. Other couples prefer to give one parent full or primary custody, with the other parent having few or no visitation rights.
Legal custody also covers other important issues, such as the child’s ability to apply for a passport or driver’s license and who will be responsible for making health care decisions should the need arise.
Physical custody is a little more straightforward: it refers to where a child lives on a day-to-day basis. Some parents may be awarded joint physical custody, which means that the child lives equally between two homes. Other parents prefer a system of sole physical custody, where one parent has the child living with them most of the time and visitation rights for the other parent.
Joint custody can be a great option for many families, but sometimes it’s not practical or desired by either party. For example, when one parent is awarded sole custody, they may also have to be responsible for the child’s transportation to visit with the other parent. If there are long distances separating them – or if one parent has a very busy schedule – this can be impractical and cause problems down the road.
The law is constantly evolving to respond to new needs and changes in society – but at its core, the main goal of child custody laws is to help protect children’s rights. Even if your situation seems unusual or difficult, you still have the right to fight with a family law attorney in Lake Grove, NY, for what you believe is best for your child.
Contact Family Law Attorney in Lake Grove, NY:
If you are facing divorce or have already separated from your spouse, you can still seek an order for child custody that best meets your needs and those of your child. You may want to consider hiring a family law attorney in Lake Grove, NY, who is experienced in helping parents with their specific concerns. If you’re facing serious legal problems because of allegations involving your children, you should speak with an experienced criminal defense lawyer right away.
In divorce mediation, both spouses must meet with a trained, neutral mediator in an informal setting to settle their issues and record the settlement in an agreement. After the couple has prepared the agreement, they can file an “uncontested” divorce with the court. The court often fast-tracks uncontested cases since everything has already been worked out in advance. In this case, judges can finalize the divorce within a few months. In that case, see if a family law attorney in Lake Grove, NY, can help you!
A mediator can help you and your spouse reaches an agreement on the issues that need resolving to finalize a divorce. Important decisions such as child custody, child support, and property division may need to be settled in mediation. Mediators do not make decisions or offer legal advice. They simply serve as facilitators to help the divorcing spouses reach an agreement best for their situation.
Benefits of Divorce Mediation
Settling a divorce through a family law attorney in Lake Grove, NY, is a better route for many couples for several reasons.
- Mediation costs much less than a trial.
- Mediation is confidential, so there will be no public record of what goes on in your sessions.
- Mediation allows you to resolve issues based on your own ideas and wants rather than have a solution imposed on you in a legal setting.
- You can still use a lawyer for advice in mediation.
- You and your spouse control the process, not the court.
Mediating your divorce rather than litigating it can serve couples in many ways for different reasons. It can be less time-consuming and stressful for many people.
The Divorce Mediation Process
Although each mediator has their own style, there is a general process of divorce family law attorneys in Lake Grove, NY. Before mediation, you will provide background information to the mediator or an assistant. Things like your marriage, family, and issues in your divorce should be noted. The mediator may have you write a “mediation statement,” which outlines your information and the issues you want to resolve in the divorce process. During mediation, you might be in the same room as your spouse for the entire mediation or spend time in separate rooms for private discussions. For those using an attorney, the mediator might want to meet with each side privately before starting the session. You and your spouse will decide what you do and don’t agree on.
After negotiations, the mediator will write an agreement. The settlement agreement will only include the topics that were resolved during this mediation. If there are topics that were not settled, you will have to find some type of agreement or go to court for a hearing. Some mediators will help you file your divorce paperwork, while others do not. If the court approves your settlement agreement, it will become part of the final divorce decree. Then, the terms of the agreement are enforceable.
Family Law Attorney in Lake Grove, NY
If you are looking to take the route of mediation for your divorce, Gulotta & Gulotta can settle your agreement. For the best family law attorney in Lake Grove, NY, contact us today!
*Prior Results Do Not Guarantee Future Outcomes*