Nobody denies that divorce is stressful – especially in cases that involve children. No two divorces are identical, and the laws that govern the process of ending a marriage vary from state to state.
Due to the legal complexity of divorce and child custody arrangements, many parents feel overwhelmed by the anxiety that comes with an uncertain future. If your marriage is ending and you have questions about child custody or related matters, contact Darren DeUrso, Attorney at Law.
Mr. DeUrso can explain New York child custody laws and how they relate to your case. He can outline the factors that judges consider when awarding custody, and help you avoid mistakes that could compromise your goals as a parent. To schedule a consultation with White Plains family lawyer Darren DeUrso, call 914-772-8614.
In the meantime, read on to learn the answers to two common questions from divorcing parents:
- What Is My Child’s “Home State?”
Because divorce laws are different in each state, a custody dispute must begin with establishing the child’s home state. If the child was born and raised in the same state as the divorce proceedings, this almost never becomes an issue. However, in cases when the child was born elsewhere, then that state’s laws may apply to your case.
You should keep in mind that during the divorce and custody dispute, you may not be allowed to relocate outside of the state. While there are exceptions, and you may actually plan on moving to a new state after the divorce, you should wait until all legal proceedings have been finalized. Not doing so could make the situation much more complex.
- What Does a Custody Hearing Involve?
Understanding child custody laws starts with abolishing a few misconceptions. Though you may have heard that custody cases favor the mother, or hold joint custody to be the ideal outcome, this is not true, according to Nycourts.gov.
Each custody case will start with a testimony from both parents. This hearing will sometimes include input from the child, as well as family members that may be able to help the court determine the child’s best interests. Any legal guardians who might be granted custody will also be asked to speak.
In this process, you are not required to have a lawyer represent you. However, if your spouse has an attorney or if you disagree on critical aspects of the child custody agreement, then hiring a lawyer is a good idea. An experienced family attorney can help you avoid mistakes that could compromise your interests. He or she can also give you an idea of what to expect from a custody hearing, which can put your mind at ease.
If you are going through a divorce that involves children, White Plains family attorney Darren DeUrso, Attorney at Law can help. Mr. DeUrso has 25 years of experience practicing law. Schedule an appointment today by calling 914-772-8614.