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Thursday, May 1, 2014

What You Need to Know (Legally) About Co-Parenting

The goal of Family Court judges is always to advocate for the best interest of the child or children in question. Traditionally, this meant that mothers had primarily physical custody, often with the fathers sharing joint legal custody. This meant that children physically lived at their mother's residence most of the time, both parents had an equal say in the child's upbringing, medical decisions, and schooling. Today, especially in New York, many judges have moved away from this system.

Family Courts are now finding new ways to split parenting. Instead of "all-or-nothing" decisions about custody, Judges may now chose to delegate several different areas of parenting to either the mother or father of the child(ren). For example, a recent case in Kings County resulted in a judge awarding the mother care of the medical and educational decision-making while the father was awarded joint decision authority on all other custodial matters. Judges may favor this system because it encourages cooperation and mutual agreement while co-parenting.

Remember, the Court's goal will always be to rule for what it is the best interest of the child(ren), therefore showing a willingness to amicably co-parent with your ex-spouse can go a long way. Judges who observe one of both parents openly showing hostility or antagonism towards the other may find it is better to delegate decision-making authority to one parent in certain areas instead of taking on the difficult task of co-parenting.

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