Legal Question in Family Law in New York
defination of child custody
Is there a difference between custody and sole custody pertaing to children in the state of New York?
Also, when the debts of the marriage are divided in the settlement, in my case during a 23 year marriage all debt was incurred in my maiden name since my husband had no credit, when these debts are divided how should the judge title the responsibility of my x to these debts so that it becomes his responsibility and no longer mine?
thank you so very much
skylar
4 Answers from Attorneys
Re: defination of child custody
Generally, "custody" refers to legal custody, the authority to make major decisions regarding the child's care and upbringing. "Sole custody" vests that power entirely in one parent, while "joint custody" lets the parents share responsibility. There is also "physical custody" to allocate parenting time. Physical custody can also be shared equally, or awarded primarily to one parent, with "visitation" rights to the other parent. These are general labels that are often not clearly defined. Also, legal and physical custody can be divided in various ways. In NY, the court looks at numerous factors to determine the distribution of marital assets and liabilities. Feel free to call me at 212-367-9167 to discuss your particular situation.
Re: defination of child custody
There is definitely a difference between custody and sole custody. If you had representation in your divorce proceeding the attorney should explain all the aspects of the divorce decree.If you did not have representation you may call my office @718-834-0087 to set up a consultation.
Re: defination of child custody
Do not assume that the Judge will know to clarify the marital debts. Your lawyer should take active steps to include that in the settlement agreement.
The fact that you are even raising the question here shows that your laywer may have failed to properly explain these issues to you.
Custody will also be defined in the Agreement and should be discussed with you by your attorney in advance.
Suggest you get a Second Opinion from an experienced matrimonial attorney BEFORE you sign any documents.
FYI - I practice in NYC and Long Island.
Re: defination of child custody
If debt occurred during the Course of the marriage for the benefit of the marriage it usually doesn't matter under whose name the debt occurred, both parties will have responsibility to the debt.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
