When parents divorce or break up, they must decide how to share custody of their children. This process involves determining where the child will live (known as physical custody) and the time that the non-custodial parent will spend with the child (known as visitation). If there are disputes or complications, a visitation rights lawyer can assist. This arrangement is usually set out in a court order, which is legally binding on both parties. If either party violates this agreement, a Long Island Family Court lawyer or a visitation rights lawyer can help them understand their rights and enforce the terms of the order.
How Does a Judge Decide Custody?
When a court makes a custody decision, it must look at a variety of factors, including the best interests of the child. There is no one factor that will tip the scales in favor of either parent, and a judge, alongside the advice of a visitation rights lawyer, must consider all aspects of a case before making a ruling.
Generally, a court will award one parent primary physical custody and regular visitation with the other. However, there are many different arrangements that may be possible. These arrangements can be evaluated and advised upon by a visitation rights lawyer. The type of custody that is awarded will often depend on a variety of factors, including the ability of each parent to care for the child, each parent’s home and work locations, the relationship between the child and each parent, and any history of domestic violence or substance abuse.
If a child is very young, the courts will rarely consider the preferences of the child. However, as a child gets older, they will have an opportunity to express their preference and can weigh in on the custody decision. This is another scenario where a visitation rights lawyer can provide important guidance.
A court will only change a custody or visitation order if there has been a substantial change in circumstances. A petition to change a custody or visitation order can be filed by either parent, as well as grandparents and other relatives with a significant relationship with the child, ideally with the help of a visitation rights lawyer. In most cases, a judge will hold a hearing to determine whether a change is necessary and in the child’s best interests.
Can a Parent Move Away with the Children?
A person who has primary physical custody of a child can’t leave New York State or the United States without first getting permission from a judge. This is true even if it is only for a short vacation. If a custodial parent wishes to move, they must follow strict procedures or risk violating a custody or visitation order.
If you have a custody or visitation schedule with your ex-spouse, it is important to honor it. If a parent consistently misses scheduled visits, it can be considered a violation of the order and grounds for an enforcement action by the courts. In this instance, a visitation rights lawyer can assist. A visitation rights lawyer can explain your rights in this area and how to enforce a custody or visitation schedule. They can also assist you if your former spouse is trying to deny you access to your grandchildren.
New York Law requires the Judge to decide which parent has primary physical custody of a child and which parent has visitation rights. A visitation rights lawyer can guide parents through this complex process. Custody arrangements are decided upon in a hearing where witnesses for both parents and any expert witnesses testify. After examining all the evidence presented, the Judge, often in consultation with a visitation rights lawyer, will decide on a custody arrangement that is in the best interests of the child.
In deciding custody arrangements, the court takes into account the needs and capabilities of each parent and whether one parent has a better ability to meet the child’s emotional, social, and physical needs. A visitation rights lawyer can help highlight these aspects to the court. In addition, a Judge will weigh the likelihood that a proposed custody arrangement will keep the child away from domestic violence, drug abuse, and other dangerous circumstances.
In the past, Judges generally awarded full custody to the mother. However, over the years, the trend has changed and Fathers are now more likely to win custody. Here, a visitation rights lawyer can be crucial in presenting a father's case. This is especially true if the child’s mother has a history of domestic violence or drug abuse. If a judge awards either full or joint legal custody, both parents have the right to make decisions about their child’s health care, education, religion, extracurricular activities, and other important issues.
When determining physical custody, the Judge will consider where the child lives primarily and the parent who has primary residential responsibility will be designated as the primary physical custodian. The child will live with one parent and spend significant parenting time with the other parent. In some cases, the child may also reside with grandparents, aunts, uncles, and other relatives or caregivers who have a close relationship to the child. In these scenarios, the Judge will set a visitation schedule for non-custodial parents or guardianship may be awarded to other family members such as half-siblings. A visitation rights lawyer can help negotiate these terms.
The Judge will also examine the finances of each parent. However, unless the financial disparity prevents a parent from being able to provide the necessary level of care for their child, this factor will play a relatively minor role.
Once a Judge has made a custody decision, either party can file a motion to change the order. To do so, a parent or guardian must show that there has been a substantial change of circumstances and that a change in custody will serve the best interest of the child. This is a difficult standard to meet, and an experienced New York custody attorney, particularly a visitation rights lawyer, can help parents develop the strongest case possible for their position.
It is important for parents and custodians to know that it is against the law to refuse or limit court-ordered visitation unless it is deemed that doing so would put the child in danger. Additionally, a custodial parent cannot refuse or limit child support payment because this could also be considered visitation interference. Any parent or custodian who has been denied visitation rights can ask the Judge to enforce these provisions by filing a visitation violation petition in Family Court, ideally with the support of a visitation rights lawyer.
Custody and visitation are some of the most sensitive issues in a divorce or separation. New York law requires courts to consider the best interests of children when determining custody and visiting rights. To navigate this intricate process, the guidance of a visitation rights lawyer can be extremely beneficial. Family court judges may recommend or require mediation before making a final decision on custody or visitation. This process uses a neutral third party to help parents agree on a parenting plan without going to trial. Here, a visitation rights lawyer can help parents prepare for the mediation process.
A judge may award parents joint legal and physical custody or may grant one parent sole physical and limited visitation rights. A visitation rights lawyer can advise parents on how to navigate these different scenarios. Joint legal custody means both parents must make important decisions together. Joint physical custody means the child lives with each parent for about an equal amount of time. The noncustodial parent usually has supervised or unsupervised visits with the child. These types of arrangements are often referred to as shared custody in NY.
If a judge awards one parent sole physical and legal custody, that parent will be responsible for the child’s daily needs. This includes the child’s housing, food, clothing, education, health care and religious upbringing. The noncustodial parent, aided by their visitation rights lawyer, will still have the right to frequent and meaningful visitation. Generally, the noncustodial parent will receive a minimum of a few hours with the child during the week and overnight visits every other weekend. A judge may also allow the noncustodial parent to spend a large portion of summer and holidays with the child.
Whether the judge awards joint or sole physical custody, he or she will set up a regular visitation schedule for the other parent. Typically, the court will order that the children be returned to the custodial parent after each visitation period and will only award unsupervised visits when there is a reason for it. A visitation rights lawyer can help parents understand these orders and how they apply to their specific situation. This might include if the child is at risk of being harmed physically or emotionally by spending too much time with the other parent.
Sometimes the courts will order that children be transferred from one parent to the other in a neutral location, such as a police station, school or library. Depending on the situation, the judge may also order that all visits with the child be supervised. This might be the case if there is a concern that the other parent will harm or neglect the child or if the judge believes that the abuser might be a danger to the child.
Grandparents of the child have rights as well, and it is important that the former spouses do not try to deny them access to their grandchildren. New York laws allow grandparents to seek visitation rights, often with the support of a visitation rights lawyer.
Custody and visitation orders can be modified at any time if there is a change in circumstances. The court will review the evidence and decide whether or not a modification is appropriate. Custody or visitation orders can be changed by either parent filing a Petition for Modification of Custody or Visitation. A visitation rights lawyer can help guide parents through this process. This petition must include proof of a significant change in circumstances since the previous custody or visitation order was set up, such as a job relocation, illness or death of a loved one.
Juan Luciano Divorce Lawyer - Manhattan
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