Even when both parties are cooperative, divorce can be complicated by the existence of children in the marriage. The primary concern of most parents during a divorce proceeding is receiving a favorable custody or visitation outcome. Our custody law attorneys at the Newman Law Group can give you much-needed guidance and security as we fight to protect your parental rights during a child custody case.
The family court system in New York decides custody cases based on the best interests of the children involved. The court looks at the following:
- each parent’s ability to care for the child
- each parent’s mental health and physical well-being
- any history of domestic violence
- work schedules, child’s desires (depending on age)
- the parents’ ability to cooperate with each other.
When considering what to do, consider the above items before taking action.
Type of Child Custody:
There are two types of child custody in New York: legal custody and physical custody. Legal custody means the parent is involved in the important decisions of the child’s life. Physical custody is the parent the child lives with. Today, the common custody arrangement is a joint custody where one parent watches the child during the week and the other parent watches the child on the weekend.
Visitation Rights for Parents:
New York State takes the position it is in the best interest of the child if both parents have shared custody or visitation rights unless proved otherwise.
Visitation Rights for Grandparents and Nonparents:
While every state has created statues about grandparents and nonparent visitation rights, New York is one of the few states to grant grandparents and other nonparents visitation while the parents are alive (even if the parents are not married), and if the child’s parents are divorced, separated, or deceased. The grandparent or nonparent must go through the same legal process that a parent does for visitation rights. They must argue in court how their visitation is in the best interest of the child.
New York’s statutes related to visitation are frequently challenged in court and are thus changing. The standard advice for grandparents and nonparents is to remain on good terms with the parents of the child you wish to visit.
What Matters in Child Custody and Visitation Battles:
What matters most is first focusing on what is in the best interest of the family, specifically the child. This includes making sure not to do things contrary to the child’s best interest. One example of not acting in their best interest is having an adult conversation about the custody complications within their hearing. Preserving the child’s relationship to both parents is in the best interest of the family and placing the needs of your child foremost.
Another important matter is to take care of your physical and emotional needs. If you neglect your well-being, you may not be able to be there for them when they need you.
Yet another important matter is to stay informed. If you don’t know much about child custody and visitation laws in New York, then take steps to become more knowledgeable. If you know about the custody laws, take steps to keep up with the frequent changes. As child custody lawyers and child custody arrangement attorneys, the Newman Law Group can help you become and stay informed.
The Benefit of Consulting a New York Child Visitation Lawyer:
Child custody and visitation attorney Lou Newman has decades of experience building solid custody cases that highlight how his clients meet the child’s best interests. Throughout a child custody hearing, he can support you with his many years of wisdom. During divorce mediation, he adeptly negotiates parenting plans and support agreements to create something uniquely tailored to each family’s lifestyle, needs, and budget.
If you’re worried about having access to your children, know that the Newman Law Group will advocate for you and your rights as a parent.