Helping clients in child custody battles in New York
Custody matters tend to be the most delicate and complex of all.Divorce and Family Law Matters. Custody of a child, physically and legally, as explained below, can be resolved by the court during a divorce proceeding or between single or separated parents. The primary goal of the court is to consider the best interests of the child, not the personal wishes of each parent.
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Types of Custody in New York
In New York, there are two aspects of child custody:physical custodyand court custody. Physical custody can be arranged in a number of ways, including, but not limited to, the following:
- Exclusive custody or “principal”– It is when the child lives with one of the parents on a daily basis. A father can havevisitationRights when the other parent is awarded sole custody.
- Shared Physical Custody– Then the child lives half the time with each parent.
Legal custody is regulated in one of the following ways:
- sole custody– In this case, a parent has the legal right to make all decisions related to things like the child's health, education, and religious beliefs. (However, some of these issues, such as the religion of the children, may be agreed to by the parties in advance in their separation agreement or divorce agreement.)
- Joint Legal Custody– At this point, both parents have the legal right to make decisions about things like the child's health, education, and religious beliefs. Alternatively, an agreement or arrangement may assign some decision categories to one parent and other categories to the other: for example, one parent may decide parenting matters and the other may decide medical decisions.
Visitation rights in New York
In New York, "visitation" refers to the time a non-custodial parent is legally allowed to spend with their child. Non-custodial parents have the legal right to spend time with their children, even if the other parent has sole custody.
During the divorce process, the conditions of visitation are regulated by the court. At this point, the court will work with the parties and their attorneys to reach an agreement between both parents that outlines the terms of the visitation arrangements.
Parents should work together to establish mutually acceptable visiting hours. If the parties cannot agree, the court holds a hearing and decides the terms of parental visitation. This is known as the "parent plan."
Parenting Plans for Long Island
Aflat fatherIt is an agreement between both parents that outlines the terms of the custody and visitation arrangements. Parents should work together to establish mutually acceptable visiting hours. In some cases, the mother and father can create a parenting plan that also addresses decisions related to the child's health, education, and general well-being.
Problems with visiting hours in NY
In some unfortunate cases, parental visitation rights may be contested by either the parent or the child. The custodial parent may be unwilling to follow visiting hours, or the child may refuse to visit the noncustodial parent. In these situations, it is in the noncustodial parent's best interest to speak with a Long Island visitation lawyer.
By working with an attorney, the noncustodial parent can help protect their visitation rights. A Long Island visiting attorney can also challenge the terms of the custody agreement if the custodial parent fails to comply.
What are supervised and restricted visits?
Parents with a history of destructive or violent behavior may only visit their children under supervision. A responsible adult, such as a family member, friend, or court-appointed supervisor, must be present during the visit. Supervised visits can take place in neutral facilities and help the parent establish a regular schedule without having to see or interact with the other parent.
Health and Custody Issues in NY
In New York, non-custodial parents are often ordered by a family court judge to provide health insurance for dependent children. All employers in this state receive a National Notice of Medical Support if the court orders one of their employees to provide medical assistance to her children. Thereafter, the employer will begin to withhold health insurance premiums from the noncustodial parent's income.
At Wisselman, Harounian & Associates, we are prepared to support Long Island custodial and non-custodial parents when facing the following issues:
- Employer does not provide insurance for dependents/families
- Non-custodial parents are not entitled to health insurance
- The non-custodial parent is unemployed and does not have health insurance
Frequently Asked Questions About Child Custody in NY
How is custody decided in New York?
In Long Island, NY custody cases, if a special agreement cannot be reached between the parents, custody of the child is determined by the family or the Supreme Court. The court considers several factors in determining custody, such as:
- child's health
- the age of the child
- The preferences of the child (from a certain age)
- The health of both parents.
- The lifestyle of both parents.
- The ability of parents to meet the needs of their children.
- The child's current standard of living.
The court makes the custody decision based on what is best for the child. Depending on the age of the child, a judge may also consider her personal preferences. Judges may also use the opinions of social workers, psychologists, or psychiatrists to help make the final decision.
What is the difference between sole custody and joint custody?
With individual custody, only one parent has the authority to make decisions about their child's education, including education, health, and welfare, while with joint custody, both parents have equal decision-making authority.
Parents with joint custody cannot exclude each other when it comes to important decisions. Violation of this agreement will result in consequences. If one parent takes the other to court and is not respected, he or she may have to pay the other parent's legal fees or risk losing custody.
Can custody orders be changed?
Yes, a custody agreement can be amended if there is evidence of a material change in the parent's or child's situation. These changes must be reasonable since the best interest of the child is at risk. Custody arrangements can also be changed if, for example, one parent refuses to allow the other to visit the child or attempts to alienate the child from the other parent.
If both parents cannot agree, the matter must be settled in court.
Can custody affect my mobility?
In New York, the custodial parent cannot move to an area where the other parent cannot exercise visitation rights. If the custodial parent wants to move to another state, he or she must get permission from the other parent or from the court. If approved, thevisitation rightsof the non-custodial parent is revised to allow more visitation time during the child's summer or vacation.
Does my child need a separate room for the night?
Do children have to have their own room for overnight visits with noncustodial parents?
In summary, while courts prefer a separate room for the night, it is not essential. The court also grants overnight visitation if the children cannot have their own room in the noncustodial parent's home. It is of the utmost importance to the court that the child spend time with the non-custodial parent and feel safe and comfortable during overnight visits.
Ultimately, it's up to the parents to determine the best way to provide the child with a sleepover, but often parents can't agree. In contentious cases, each family's situation is different, and a number of factors determine how courts decide what accommodations may be necessary for a child who spends the night with her noncustodial parent.
Factors the court may consider include:
- child's age and sex– If the non-custodial parent is the opposite sex of the child, the courts may expect the child to have a separate, private place to sleep, dress, etc. Also, older children and teens need more privacy and space than younger children.
- number of children– When determining reasonable accommodation options, judges consider how many children are involved; usually more children need more space.
- Circumstances that only apply to parents- Judges understand that parents who pay child support or earn less than the other parent may not be able to afford a bigger house.
- child adaptability– In the best interests of the child, a judge will decide whether a smaller space in the parents' home affects the psychological or physical well-being of the child.
At the very least, courts are likely to require a parent to provide a separate bed for the child if a separate room is not currently available. This can be a sofa bed or a crib, or parents sacrifice their own bed for the night and let their child sleep in it.
Contact Our Long Island, NY Child Custody Lawyers
The attorneys at Wisselman, Harounian & Associates have more than 150 years of legal experience and are recognized as leaders in the fields of divorce and family law. We understand that this may be a difficult and emotional time for you. By using our services, we can help you navigate New York's complicated legal system and achieve your child custody goals.
Need a Child Custody Lawyer in Long Island, NY?Please contact our company.I'm Carle Place -516-773-8300
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