Are you wondering how the legal process of divorce will work? Deciding to get divorced is challenging and figuring out how to make it happen legally can seem overwhelming. Here is what you need to know.

Legal Process of Divorce | How Courts Decide on Visitation

When someone comes into our Rochester office asking how a court decides on visitation, I always tell them the court will use what’s best for the child as its guiding principle. The best interest of the child standard is applied across the board – in Rochester and all across New York State. It evaluates many factors in an effort to decide what’s best for the child. If the parties are not able to agree between themselves as to what’s best for their child, the court must make the ultimate decision. In doing so, the judge will consider several factors. Who is the better parent to have legal custody? Where is it best for that child to live? How much access is appropriate for each parent? Again, in applying the best interest of the child standard, a court will render its decision based on what’s best for the child, not what’s best for mom and dad.

Legal Process of Divorce | How Judges Determine Custody

People come into our office with many questions about how custody will be determined in their case, and the first thing I do is explain the difference between legal custody and residential custody. Legal custody governs the way important decisions in the children’s lives are made. Residential custody covers where the children will live. In making these decisions, the court is concerned with many factors, and the overriding consideration is the child’s best interest. If the parties can’t agree between themselves, then, based on all relevant factors, the court will make its decision regarding legal and residential custody to ensure what’s best for each child.

If you need to know more about the legal process of divorce, please don’t hesitate to call our Rochester divorce lawyer to meet and discuss your particular case.