Child Custody & Visitation Rights in New York
Lawyer Serving Long Island, the City of New York, & Westchester County
One of the most important ‑ and contested ‑ aspects of a divorce and in
family law is that of child custody and parenting time, also known as
visitation. Parents who are going through a custody dispute should obtain
a solid understanding of how child custody works. They should know the
difference between physical and legal custody of their child(ren) as well
as how New York determines issues of custody and visitation if the parties
are unable to resolve their differences. It is important to enlist the
aggressive representation of a divorce and family law attorney if you
are engaged in a custody dispute.
Physical vs. Legal Custody
It is important to understand the concepts of physical versus legal custody,
as well as sole custody versus joint custody. Physical custody refers
to the actual place where the child lives. The parent with physical custody
is said to have residential custody. The parent who does not have residential
custody, who is said to be the non-custodial parent, will be entitled
to parenting time with their child. Joint physical custody involves an
arrangement where both parents equally share parenting time with their
child. Legal custody refers to the parent who has the right and responsibility
to make important decisions of the child's life, including what school
they attend, what medical facility they go to, and how decisions are made
regarding religious upbringing and related matters. Joint legal custody
is the shared right and responsibility of both parents to make important
decisions in their child's life.
In any custody dispute, including cases where a custodial parent seeks
to relocate with the child to a different geographic location, the primary
determining factor relied upon by the courts is the best interests of
the child. Gender will not play a role in determining who is awarded custody
of the child. In a typical situation, only parents have the right to seek
custody. In any custody dispute, parents have priority rights to custody
over non‑parents, such as grandparents. If there are extraordinary circumstances
that require the custody of a child to be placed under the guardianship
of a party who is not the parent, then grandparents and other individuals
can be considered for alternative custody arrangements.
Our attorneys are very experienced in dealing with complicated custody
matters. If your custody dispute is resolved with a settlement agreement,
we will ensure that your rights are secured and protected with the best
interests of your child as the paramount consideration. If a settlement
cannot be reached in your custody dispute,
our attorneys have a wealth of experience in custody litigation, having successfully
represented clients in custody trials throughout the State.