Custody

New York State is like most other states in that it places the child’s wellbeing and interests first and foremost in making decisions regarding the child’s custody arrangements. Courts typically examine custody arrangements prior to the divorce to determine the best outcome for the child. When it comes to custody, the judge deciding the case makes a decision that is intended to provide the child with the most financially, emotionally, and educationally stable environment possible.

Parents are not limited by the court. If they can agree to a custody agreement that they see as fit, the courts will typically honor the parents’ decision. Because it is not easy to change the court’s custody decision once it has been made, it is in the parents’ best interests that they discuss custody arrangements along with their attorneys prior to appearing in front of a judge.

An experienced attorney like Stephanie will work with you and the other party’s attorney to minimize disagreements and assist you with making the best decisions and arrangements prior to going to court.

How New York Courts Determine Custody

Negative Impacts on a Parent’s Chance of Gaining Custody

Types of Custody

Physical CustodyLegal CustodyJoint Legal Custody

Under physical custody, also known as residential custody, actual lodging and care of the child is determined by a court-ordered custody schedule (also known as a parenting plan or parenting schedule). In some states joint physical custody creates a presumption of equal shared parenting, however in most states, joint physical custody creates an obligation to provide each of the parents with “significant periods” of physical custody so as to assure the child of “frequent and continuing contact” with both parents. Courts generally have not clearly defined what “significant periods” and “frequent and continuous contact” mean, which requires parents to litigate to find out. In some states, however, courts have provided a clear definition.

IMPORTANT

No court will ever award physical custody if there is a history of abuse or physical violence, or if the two parties cannot communicate. If the courts find that the relationship between the two parties is so toxic that even simple communication is impossible, they will typically rule in favor of legal custody. In order to have physical custody, it is imperative that the parents be able to communicate, even if only by email.

Upon getting a divorce, a judge will decide the next few steps for any children involved when dealing with joint legal custody. It’s typical with two parents for one parent to have physical custody and the other parent to have some sort of visitation rights. Legal custody can be awarded to either both of the parents or just one of the parents, depending on the situation and the judgments. When the courts award sole custody to a parent, that parent is also awarded legal custody. In this case, the parent who has been granted legal custody decides how to raise their children in matters of schooling, spirituality, social events, sports religion, medical concerns, and other commonplace decisions. However, day-to-day decisions (like what the child eats for lunch that day, or whether she plays in the park or stays home) are made by the parent who the child is with at the time.

Under joint legal custody, both parents have the ability to have access to their children’s records, such as educational records, health records, and other records. Both parents have equal decision-making status where the welfare and safety of the children is concerned. This generally entails that both parents must be involved for major legal matters concerning the children, but the “day-to-day” matters and issues are left to the parent who the child is with at the time.

Father's Rights

Acknowledgement of Paternity

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