A CUSTODY LAWYER IN NEW YORK: THE BASICS OF CUSTODY AND VISITATION RIGHTS IN NEW YORK

Introduction to Custody Lawyer in New York

US marrying parents who are divorcing are both entitled to important rights as well as duties towards the nurturing of their child. 

Child custody and visitation rights are of topmost importance now to be taken into account. Child custody is concerned with who the child can live with or who can make decisions on behalf of the child when parents are separated. On the other hand, visitation right is deals with who and how much time each one of them can spend with the child. A divorce attorney in New York can give you clarity in this area. 

If the parents are unable to come to a reasonable visitation and custody agreement that will best benefit the child, then the courts will have no choice but to step in. Custody battles are very stressful for parents and children, and being more knowledgeable about the law and what can be done will allow parents to survive this ordeal. Better still, you can get a family lawyer in NYC to help you handle the stress. 

Once the court makes a parenting schedule, all concerned parties are to comply with it as they would any other court order. It is really hard when the child does not want to be with one of the parents.  

For example, a young child might not want to see one parent merely because of safety concerns but because they are resentful of the divorce, uneasy about the other parent’s new residence, or scared for other reasons. This is exacerbated if complicating factors like abuse are present or if a parent tries alienation of the child from the other. If the struggling parent becomes involved in court, the situation will not be easy to solve. 

This post presents a basic guide to help you understand custody and visitation rights from the viewpoint of a custody lawyer in New York. 

Child custody and visitation orders in New York

In line with law in New York, the state is of the opinion that both parents have to be engaged in the life of the child. The exception to this is where there was a history of drug abuse, domestic violence, abuse, or neglect. Health, well-being, and the safety of the child are matters of concern first in custody and parenting matters. This should be your priority when talking with a custody lawyer in New York. 

Courts in New York routinely order “joint legal custody” after a divorce or breakup. Joint legal custody means that the two parents must share decision-making about the child’s education, health, and welfare. The child might live with one parent most of the time, though. 

To maintain things in the normal way, there is usually a standard visitation schedule for the non-custodial parent. For custody issues, the court may grant a visitation order, which may be presented in several different forms: 

• Parenting plan evaluations: These evaluations in New York assist in resolving custody and visitation disputes at a quicker rate. You can check with your family lawyer in NYC if this option will suit your case. 

• Order of visitation: This is the parent who has less than half of the time with the child and being granted visitation rights, which are typically detailed in a parenting plan. 

• Supervised visitation order: The court here establishes that the non-physical custodial parent can socialize with the child but under the supervision of a professional. This is to guarantee the safety of the child (most commonly in domestic violence cases). The order is either temporary or permanent. Get to know the pros and cons of this order by speaking with a contested divorce lawyer in New York. 

• No visitation order: When visitation by a parent would not be in the best interest of the child or would be dangerous to the child, courts can issue a no-visitation order. This is often in the most egregious domestic violence cases. 

Parent-child visits are typically in-person, but courts also allow virtual visits. This can be in the form of virtual meetings on the internet for frequent contact. This is especially where the parents live far apart. If this applies to you, contact a custody lawyer in New York to guide you. 

Persons who can get child’s custody in New York

Either the child’s mother and legitimate father (or other legitimate parent) may make application for custody. A legitimate father is an individual who: 

1. Signed an acknowledgment of paternity; 

1. Who was issued a court order of filiation; or  

1. Who has his name put on the birth certificate of the child as father.  

Each such document makes him a legitimate father. Ask a family lawyer in NYC which applies to you. 

There is also the tradition that the spouse of the mother giving birth to the child is a parent. Although the child could have been born due to activities such as artificial insemination or in-vitro. That only applies if the spouse had signed in writing. The same is true of married homosexuals. 

An example in 2016 explains that sometimes the domestic partner of the child’s adoptive parent or birth parent may acquire parental rights, though they were not wedded to the parent on the birth certificate or adopted. The former partner might be required to demonstrate that both the other parent and they consented to have and raise the child together. 

Neither parent has more rights to keep the child. If there is no custody order, either one can take care of the child. Family and friends of the child can ask the court for custody too, but they first need to show that there are special reasons (like a parent giving up their rights, abandonment, ongoing neglect, being unfit, or if the child has been living somewhere else for a long time—two years is considered a long time by law). If they prove those special reasons, they also have to show that it is better for the child if they get custody instead of a parent. A discussion with your custody lawyer in New York can help you prove any of these special reasons if you fall into these categories. 

If your family wants someone who is not a parent to take care of your child for a bit and handle school and medical stuff, New York has a form to set up temporary custody without going to court. 

Persons who can get visitation rights in New York

Any parent, siblings and half-siblings, and grandparents can ask to see the child. The court will decide if visitation is good for the child. A parent usually has the right to see their child often and in meaningful ways, unless it would be bad for the child. So, if you don’t have access to your child contact a family lawyer in NYC. 

Grandparents don’t automatically get to see their grandchildren; they need to show there are good reasons for the court to step in, like if the child’s other parent has died or if there has been a sudden break in a close relationship with the grandchild. 

Things the court considers

Before making a decision, courts look at several things to figure out what is best for the child. The main factors include: 

• The child’s health, safety, and well-being; 

• How well each parent can take care of the child; 

• Any past domestic violence or abuse; 

• The child’s relationship with each parent, including how often they see each other; 

• If either parent has a problem with drugs or alcohol; 

• The child’s opinion (if they are old enough to share it); 

• Each parent’s work hours and living situation; and 

• How willing each parent is to support the child’s relationship with the other parent. 

Get help!

Gehi and Associates offers a range of family law services at affordable costs. Our multi-lingual staff operate around New York with offices at core places in the US. We have an illustrious record of achieving desired results for our clients on time, economically, and with efficiency.  

Irrespective of whether you are a business entity, a family, or an individual in New York, we stand ready to support you in your legal issues with compassion, flair, and proficiency. 

Get in touch with us today!