New York Child Custody Attorney

Custody of minor children is often a top priority for couples who are deciding deparate. Who will raise them? Where will they live? Who will make major decisions about their healthcare and education? These are just some of the questions that parents must answer as they seek a divorce.

At WertheimerLipton, we recognize that no one wants to go to battle over the custody of their children. In a perfect world, parents could come to an agreement on joint custody and visitation without tension. But that is not the case for many separating couples. 

If you are going through a divorce or seeking custody of your child, our child custody attorneys can help you navigate the complex legal and emotional landscape to arrive at a resolution that protects your interests.

What Is Child Custody in New York?

In New York, a Custody Order sets forth which parent is responsible for a child’s care based on the best interest of the child. Courts can issue custody orders until a child is 18 years of age. If there is no court order, then both parents have equal rights to physical and legal custody of the child.

There are two types of custody: legal custody and physical custody.

Legal Custody

The parent who has legal custody of a child has the legal right to make decisions about the child’s care. This may include medical and religious upbringing. In some cases, the court may award joint legal custody. In these situations, parents must make major decisions about the child together, regardless of who the child lives with. In other cases, the court may award custody to only one parent. If that is the case, then the parent with sole legal custody has the right to make unilateral decisions for the child.

Physical Custody

Physical custody, on the other hand, determines which parent is responsible for the actual physical care and supervision of the child. For example, if the court award join physical custody, then the child lives with each parent for an equal amount of time. If physical custody is granted to only one parent for more than 50 percent of the time, then the other parent will be granted visitation rights.

What is Visitation in New York?

In all custody hearings, the court makes decisions based on what is best for the child. In most cases, this involves a relationship with both parents. This does not mean, however, that both parents will necessarily be awarded custody. In cases where one parent is awarded sole custody of the child, the court will grant rights for the non-custodial parent to visit and spend time with the child.

Custody and visitation are two separate matters, but are often decided curing the same hearing. Separating couples may be able to agree on a visitation schedule on their own, however, a judge may have a hearing to decide on a visitation schedule when an agreement cannot be reached.

How is Custody and Visitation Determined in New York?

When determining custody and visitation, the judge has one thing on her mind: what will be in the best interest of the child. There are many factors that a judge may take into consideration when making a determination, such as:

• Which parent is the primary caregiver
• The ability for each parent to provide for their child’s needs
• The mental and physical wellbeing of both parents
• Relationships with other family members
• The parents’ ability to co-parent
• Who the cold wants to live with, depending on the age of the child
  

Hiring a New York Custody Attorney

Determining custody for your child is a complicated and emotional process, one which you should not have to face alone. At WertheimerLipton, we are here to take your call, listen to your story and help you create a strategy to effectively resolve issues relating to custody of your child. Contact us today to schedule a consultation.