Child Custody and Visitation

CHILD CUSTODY RIGHTS ON LONG ISLAND

WHAT IS CHILD CUSTODY?

Child custody refers to the right to take part in raising a child. Raising a child involves many factors, such as where the child will live, what school the child will attend along with the type of religious upbringing and healthcare the child will receive. Generally, during divorce, both parents have custody rights, but often one parent assumes a more active role as the child’s custodian than the other parent. When determining child custody rights, NY courts make top priority the well-being of the child — whatever they view as in the child’s best interests. Also, NY law grants both parents equal rights in child custody determinations. In other words, courts cannot grant preference to one parent over the other because the parent is the child’s mother or the child’s father.

Child Custody & Child Visitation Rights Attorney

Whether resolving custody issues through mediation or in the courtroom, Attorney Chris Palermo works closely and diligently to help you obtain your objectives and an outcome that is best for your child.

TYPES OF CHILD CUSTODY

The two main types of child custody are joint and sole custody. Even with joint custody, where both parents share responsibilities in raising their child, the courts must assign one of the parents residential custody. Residential custody refers to the primary residence where the child will live most of the time. The parent with residential custody is the custodial parent and the other parent is the noncustodial parent, who generally pays child support.

In sole custody, the court grants all decision-making rights and residential custody to one parent. The other parent (the non-custodial parent) receives parenting time (visitation rights).

FACTORS IN DETERMINING CHILD CUSTODY

The following are a few of the factors courts consider when making custody decisions:
  • Both parents’ skills and abilities in providing for their child’s needs
  • The child’s relationships with siblings and other family members
  • Which parent is the primary caregiver (feeding the child, taking the child to school, taking the child to the doctor, etc.)
  • Which parent the child lives with when the divorce petition is filed
  • Both parents’ physical and mental health
  • A parent’s history of domestic violence
  • A parent’s history of drug or alcohol abuse
  • The amount of time a parent has available to spend with the child
  • The child’s wishes, depending on the child’s age and maturity
  • The parents’ ability to cooperate with each other and encourage the child’s relationship with the other parent

TYPES OF CUSTODY ARRANGEMENTS

A typical child custody arrangement would be for the non-residential parent to spend every other weekend, every other holiday, one or two non-overnight weekday visits, 50% of school recesses and two non-consecutive weeks in the summer with the child. However, different arrangements can be part of a custody agreement or settlement, and today, many non-residential parents are seeking and receiving more time with their children than the arrangement just described.

GET LEGAL HELP WITH CHILD CUSTODY

Getting legal help enables you to make informed decisions. As your Suffolk County, Long Island divorce lawyer, I can answer your questions, explain your legal rights, and work with you to achieve a favorable custody outcome that is best for you and your child.
Call (631) 265-1051 or use our online contact form to arrange a free consultation today.

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(631) 780-0085

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Practice Areas
Divorce Long Island Chris Palermo Attorney
Child Support
Child Custody
Divorce Mediation
Father's Rights
Mother's Rights
Spousal Support
Uncontested Divorce

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