Tuesday, July 8, 2014

Difference between a judge and a referee for full custody/joint custody?

Q:  I am from Manhattan,NY. I am due in court on 5-27-14. I had filed a petition for full custody for my 2 kids.(currently still married). Which in turn he filed a petition against me last week for joint custody. (1)- what's the difference between a judge and a referee.? (2)- And under what circumstances would he be granted joint custody? If him& I don't speak at all. & I am the one who will be making all the decisions with the kids.

A:  David's Answer:  A Referee is the rough equivalent of a junior Judge. They are appointed to hear custody & visitation cases by consent of the parties - if the parties do not consent, then either the case will be heard by an actual Judge or the Judge will just review the transcripts & report from the Referee at the end of the case & issue an order based on same. As for joint custody, if you can otherwise communicate (even if via e-mail or text) regarding the children, then joint custody is usually encouraged by the courts. Rarely is it ordered over the custodial parent's legitimate objection. Call a NYC Child Custody lawyer to schedule a consult.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

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