For parents who are going through a divorce, child custody is often one of the most important issues that will need to be addressed. However, these matters may also affect unmarried parents, and when a couple separates, or in situations where parents were never together in a long-term relationship, they will need to determine how they will handle issues related to their children. It is important to understand exactly what is meant by the term "child custody," and this will ensure that parents know about their rights and responsibilities and the steps they can take to protect their children's best interests.

Child Custody and Visitation

As in most states, New York courts will address two separate issues related to custody of children, and these are commonly referred to as legal custody and physical custody. Legal custody refers to the rights and responsibilities of parents to make decisions about their child's welfare, and this includes matters such as education, medical care, and participation in religious services or activities. In New York, courts will generally presume that it is in a child's best interests to have both parents involved in these decisions, and they will typically award joint legal custody. However, there may be some situations where it will be more appropriate for one parent to have primary or sole legal custody, such as when the other parent has not been involved in making decisions related to their children or has been absent from their lives.

As a person reaches an advanced age, they may not always be able to fully manage their lives. Declining physical health can affect a person's ability to handle regular daily tasks such as preparing meals, housekeeping, and running errands. Some elderly people may also struggle to manage their financial affairs or make decisions about the best ways to use their assets to provide for themselves or their loved ones. These issues can affect other people as well, such as those who have suffered injuries or contracted illnesses that limit their physical or mental capabilities. In these situations, guardianship may be a way to ensure that someone else will be able to help manage a person's needs. However, a person may not be willing to completely give up control over their lives, and they and their loved ones may need to consider what options for guardianship may be available that will fit their situation.

Adult Guardianship in New York

The laws regarding guardianship differ from state to state. Some states offer multiple options that range from formal guardianship, which provides a guardian with complete control of all of a person's decisions, to limited guardianship, which allows a person to make certain decisions for themselves. However, in New York, only one type of adult guardianship is generally recognized. This is known as "Article 81 guardianship," since it is addressed in Article 81 of the New York Mental Hygiene Law.

Under Article 81, guardianship for an adult may be appropriate if the person is considered to be incapacitated, meaning that, first, they are unable to fully care for their own needs or address issues related to their property, and, second, because of this incapacity, they are likely to suffer harm. If someone seeks to obtain guardianship over a loved one, they may file a petition in court. If the intended ward does not agree to the guardianship, a judge may choose to appoint a guardian if they determine that the person cannot care for themselves and does not fully understand the consequences that are likely to affect them due to physical or mental health issues.

Getting a divorce is never an easy process, and there are many complex issues that a couple will need to address before their marriage can be legally dissolved. Property division can be one of the most difficult aspects of the divorce process. Not only does a couple have to figure out who will get what, but they will also have to determine the value of each asset. This can be a complicated and emotional process, but its goal is to ensure that all marital assets are distributed fairly and equitably. By understanding the different types of property that may need to be considered during a divorce, a person can make sure they will be prepared to make the right decisions.

Different Types of Marital Assets

In New York, a divorcing couple is required to divide all of their marital property, which includes all property they purchased or acquired after the date they became legally married and before they entered into a legal separation or began the divorce process. Property must be divided "equitably," and while an exact 50/50 split is not required, each spouse should receive a fair and just share of the marital estate that will allow them to provide for their needs going forward.

During the divorce process, a couple will need to consider multiple types of property, including: