Custody in Rochester
Going through a custody battle can emotional turmoil. There may be a lot of anxious and tense feelings between you and your spouse. Coming to an agreement can take time. There is a lot to consider and many circumstances that need to be addressed. In the meantime, here is some information about custody in Rochester.
How the Courts Decide on Custody and Visitation
When considering issues of custody and visitation, the court will look at what is in the best interests of the children. The court will consider all the facts and circumstances as they exist in your case. They will determine who can best serve the children, who is best able to care for the children, when each parent should have time with the children, and what scenario is going to most appropriately meet the needs of the children.
What to Do If Your Spouse Has a Substance Abuse Problem
In many of my cases there are issues of drug or alcohol abuse. The court is very concerned that the children be safe while they are visiting with either parent. Sometimes, in these cases, we have supervised visits where the parent must be with someone else to ensure that the children are safe while this issue persists. Many times, there must be a drug and alcohol evaluation and that person would have to complete that counseling and finish the recommendations before they can get more time with the children, even unsupervised time with the children.
Joint Custody vs. Sole Custody
Many people ask me what the difference is between joint custody and sole custody. People who have joint custody are generally charged with the obligation of making decisions together on the issues that affect their children. People who have sole custody make that decision by themselves. They don’t have to talk with the other parent in order to make that decision. You can have joint custody and sole custody in any case, regardless of the amount of time that you have the children. Typically, if you have the children less than half the time and it’s a sole custody, the other parent would have sole custody. If it’s a 50/50 shared residency plan, it could be a sole custody with one parent being able to make all those decisions.
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If you are thinking about custody for your children, you will want to be represented by an experienced divorce attorney. Contact Rochester divorce attorney Michael Schmitt as soon as possible.