Child custody & parenting plans
Family law matters generally fall under state jurisdiction, including custody. Most U.S. states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, which fosters legal cooperation with respect to multi-state custody cases. New York child custody laws comply with the Act, while also allowing grandparent visitation rights and joint custody. When only one parent has a type of custody, it is called sole custody; when parents share custody, it’s called joint custody.
There are two basic types of child custody in New York, and each comes in two forms. A parent is said to have legal custody of a child when that parent makes the important decisions in the child’s life. Some of those decisions include education, religion, and medical care. It is common for parents to share legal custody. In this case, the parents will have to discuss decisions about these issues, although one may have the final say. When a child lives with a parent, that parent has physical custody, sometimes referred to as residential custody. Although shared physical custody was once popular, a more common approach today is for one parent to have the child during the week, and the other parent watches the child during the weekend.
Child custody is always determined by what is in the “best interest of the child.” New York courts take a number of factors into consideration when deciding on child custody, including:
Ultimately, the best interests of the children will govern.
Parenting Time (Visitation)
New York State is moving away from using the term “visitation” owing to the connotations this term has for the general public. Parenting schedules can be designed by the parents alone, by the parents with the help and advice of experienced counsel, or with the assistance of Parenting Coordinators. The professionals all have experience in designing plans and can present multiple possibilities to parents during this process.
Parenting coordinators, who are either lawyers or therapists specifically trained in the area of designing parenting plans and conflict resolution, can be an excellent alternative for parents who cannot come up with a parenting plan on their own. If the parents, even with professional input, cannot agree to a plan, the court will conduct a hearing and come up with a plan for the parents after hearing from all interested parties.
Again, it is the best interests of the children which shall govern the decision.
There are two basic types of child custody in New York, and each comes in two forms. A parent is said to have legal custody of a child when that parent makes the important decisions in the child’s life. Some of those decisions include education, religion, and medical care. It is common for parents to share legal custody. In this case, the parents will have to discuss decisions about these issues, although one may have the final say. When a child lives with a parent, that parent has physical custody, sometimes referred to as residential custody. Although shared physical custody was once popular, a more common approach today is for one parent to have the child during the week, and the other parent watches the child during the weekend.
Child custody is always determined by what is in the “best interest of the child.” New York courts take a number of factors into consideration when deciding on child custody, including:
- Each parent’s ability to care for the child
- Each parent’s mental health and physical wellbeing
- Any history of domestic violence in the family
- The parents’ work schedules
- The child’s desires, depending on the child’s age
- The parents’ ability to cooperate with each other
Ultimately, the best interests of the children will govern.
Parenting Time (Visitation)
New York State is moving away from using the term “visitation” owing to the connotations this term has for the general public. Parenting schedules can be designed by the parents alone, by the parents with the help and advice of experienced counsel, or with the assistance of Parenting Coordinators. The professionals all have experience in designing plans and can present multiple possibilities to parents during this process.
Parenting coordinators, who are either lawyers or therapists specifically trained in the area of designing parenting plans and conflict resolution, can be an excellent alternative for parents who cannot come up with a parenting plan on their own. If the parents, even with professional input, cannot agree to a plan, the court will conduct a hearing and come up with a plan for the parents after hearing from all interested parties.
Again, it is the best interests of the children which shall govern the decision.
