SUFFOLK, NASSAU & QUEENS COUNTY DIVORCE AND FAMILY LAWYER
Child Custody and Visitation Rights in New York
If parents are unable to reach a custody arrangement, the Family Court or Supreme Court will render a custody decision. The courts will consider several factors in determining what is in the “best interest” of the child.
Often the courts will look at the following factors:
- The child’s age
- The primary caregiver of the child
- Child’s health
- Parent’s health or lifestyle
- Child’s preference (if of a certain age)
- Emotional bond between parent and child
- Parent’s ability to provide for the child’s needs
- Ability of the parent to encourage the child to maintain a relationship with the non-custodial parent
My experiences as a single parent have made me sensitive to the issues that a child may encounter when their parents are going through a divorce. There are many instances when children may need the professional services of a therapist. My office works with highly regarded specialists in this field that can assist children with issues ranging from aggression, anger, depression, sadness and feelings of abandonment.
Physical Custody, Legal Custody and Visitation in a Long Island Divorce
Unwed parents and married couples experiencing a divorce will pursue physical and legal custody of their children which is either determined by the court or by an agreement between the parents.
Custody and Visitation is defined as follows:
- Physical custody refers to the child residing with the custodial parent on a day-to-day basis. A non-custodial parent may have visitation rights. A parent may have sole (primary) custody or may have shared custody. In the instance of shared custody, the child would live with both parents, based upon an agreed schedule.
- Legal custody refers to decision-making regarding the child’s education, medical issues and religion. One parent may have sole legal custody, meaning he or she will make all of the legal decisions regarding the child. This is common in situations where domestic violence is present and the parties have an Order of Protection in effect which may restrict communication. Joint legal custody may also be awarded, wherein both parents would have a say regarding the child’s health, religion and education.
- Visitation is awarded to the non-custodial parent so that he or she may exercise their parental access rights with their children at certain days or times. Under unique circumstances, these visits may be supervised, and will be arranged based upon an agreement between unwed parents, spouses or a judgment by the court.
As an experienced divorce and family law attorney working in Suffolk, Nassau and Queens, my firm can assist you with any issue that arises before, during or after a divorce or legal separation.
Contact Long Island, New York family law and divorce lawyer Jay D. Raxenberg today! Toll Free 1(888) 543-4867
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