What Is The Difference Between Child Custody And Visitation In New York?

If you are separating from your spouse and you have kids, you need to make decisions about co-parenting, including custody and visitation rights for you and your spouse. 

Divorce is an emotional, difficult process, but it’s important to work out an appropriate custody and visitation agreement. A New York child custody attorney from WertheimerLipton can help. Read on to learn more about child custody and visitation, or contact us now for a consultation. 

What Is Child Custody In New York?

There are two distinct types of child custody recognized in New York. Both can be granted solely to one parent (sole custody) or jointly to both parents (joint custody). 

• Legal custody – The parent with legal custody of a child has the legal right to make decisions for the child, including medical decisions, legal upbringing, education, and other such choices. These decisions must be made together in cases of joint custody, but regardless of who the child lives with, the person who has legal custody has the right to make unilateral decisions for the child if they have sole legal custody.
  
  
• Physical custody – This refers to which parent is responsible for the physical care and supervision of the child. In joint physical custody, the child lives with each parent for an equal amount of time. If physical custody is granted to one parent for more than 50% of the time or sole custody is granted to one parent, the other parent will typically be granted visitation rights. 

It is possible to change child custody arrangements with a custody modification. However, doing so requires you to prove that the change is in the best interest of your child, and requires that a “substantial change of circumstances” has taken place.

What Is Visitation In New York?

Visitation rights refer to the right of a non-custodial parent to spend time with their child. For example, even if one parent has exclusive physical custody of a child, the other parent is still entitled to regular and consistent visitation with their child.

In a standard visitation schedule, a noncustodial parent may get a few hours of visitation one weeknight per week, as well as overnight visits with their children every other weekend. This may vary depending on the circumstances. The parents can agree on their own visitation schedule, or work it out in court if they cannot come to an agreement.

In some cases, a judge may order that a parent have “supervised visitation,” such as when there are concerns about a child’s safety in the care of an abusive parent. This type of custody takes place at an agency or under the supervision of another mutually-agreed-upon third party. 

Get Help From A New York Child Custody Attorney

A mutually beneficial parenting plan is essential for your children after a divorce or separation. If you need to solve child custody and visitation issues between you and your ex, the team at WertheimerLipton is here to help.

Our team of family attorneys and child custody attorneys in New York can help you navigate this process, and take action to protect your best interests, and the best interests of your children. Contact us now to get the compassionate, understanding, and trustworthy legal representation you need.