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Queens New York, What Happens if a Custody Agreement Can’t be Reached

It is a common phenomenon that during the divorce process the two individuals who are separating find it very hard to agree on the important details of their separation. One of these essential details is who will have the children live with them and how parenting schedule times will be arranged. It is never easy to have to deal with a divorce and the financial and emotional stress can make it hard for a person to think straight and make reasonable decisions, especially when they are so hurt by the other individual. However, the fact is that the law won’t wait, and a custody agreement has to be made as soon as possible so parents can legally resume the relevant time with their children again.

If a custody agreement is not reached mutually, then a person should reach out to a divorce lawyer to help them mediate an agreeable settlement. If this does not work, their lawyer can file a motion and take matters to court for a judge to decide what happens next. The court will examine the details of both legal and physical custody. This means they will decide what parent has the right to make decisions for the children and what parent has the right to physically live with the children for a longer period, while the other parent is granted visitation rights.

If the parents are granted joint legal custody, they both have equal rights to consult and agree on all major decisions in the children’s lives. However, if sole legal custody is granted then the parent with the right makes the decisions, and the other parent simply has to be informed. It is vital to keep in mind that even if joint physical custody is granted, the parent that spends less time with the children, otherwise known as the non-custodial parent, will still have to pay child support in accordance with their income.

What is a temporary order in Queens, New York?

If the court grants a temporary order, then it means that the order is in place until a new case is brought or a trial is commenced, and a permanent order granted. However, in most cases, the temporary order does end up becoming the permanent decision that both parents decide to opt with. If a person is not satisfied with the court’s decision they can always petition and counter-motion for a second opinion and new temporary order until trial.

It’s never easy to have to deal with the details of a divorce and most individuals find it hard to stay grounded and focused. Anyone who finds themselves in such a situation should get in touch with a divorce lawyer at the Law Office of Charles Zolot as soon as possible so they can get the support and legal advice they need to get through this difficult chapter in their life.

Reach them at:

37-06 82nd Street

Jackson Heights, NY 11372

Phone (718) 779-6545

Fax (718) 779-6640

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