What Is Parenting Time?
The parent who does not have physical custody generally has parenting time with the child. Parenting time or visitation refers to the scheduled time that a child spends with a non-custodial parent. The details of the arrangement are outlined in a parenting plan, which sets specific schedules for weekdays, weekends, holidays, and vacations. It can also include provisions for communication, travel, and special circumstances to provide consistency and stability for the child.
What Are the Different Types of Child Custody?
Child custody can be sole (awarded to one parent) or joint (shared between both parents). There are two primary types of child custody:
- Legal custody is the ability to make important decisions in the child’s life, such as medical care, education, religious upbringing, and extracurricular activities.
- Physical or residential custody refers to where the child lives and the primary parent responsible for their daily care and supervision.
Is the Child’s Preference Considered in Custody Cases?
The child’s wishes may be considered in custody cases if deemed age-appropriate by the court. There is no specific age for the child’s preference to be considered. The preference of older children generally carries more weight, although it is always considered in the wider context of the child’s best interests.
Is Joint Custody Preferred in New York Custody Cases?
Not necessarily. While courts may favor joint custody if it serves the child’s best interests, joint custody is not automatically preferred. If parents experience constant conflict, cannot communicate, or one parent is deemed unfit, then sole custody may be considered.
Can a Child Custody Order Be Modified?
Yes. Family courts acknowledge that modifications may be necessary to support each family’s evolving needs. For example, small children usually need more frequent contact with each parent for shorter periods of time, while teenagers often benefit from fewer transitions and longer blocks with each parent.
However, modifications are only allowed if 1.) there is a substantial change in circumstances and 2.) the proposed change is in the child’s best interests. Our lawyers are well versed in these legal nuances to help you file the required forms and represent your best interests in negotiations or hearings.
Can I Relocate with My Child?
If you wish to relocate with your child with a parenting plan in effect, you must either obtain the other parent’s consent or seek court approval by demonstrating that the move is in the child’s best interests. The court will likely consider the reason for the relocation, the distance of the move, and the potential impacts on the child’s life and well-being.
If the distance is far enough to make the original parenting plan impracticable, the court may modify custody or parenting time arrangements to accommodate the relocation while facilitating meaningful contact with both parents. Whether you are relocating to be closer to family, start a new job, or enroll your child in a better school, we can help you present a compelling case and advocate for a fair arrangement that puts your child first.
What Should I Do if My Co-Parent Violates the Custody Order?
If your co-parent violates the terms of your parenting plan, we can guide you through the process of filing a motion for enforcement and seeking remedies through the court. Our lawyers can help you document the violations, represent your best interests in hearings, and ask the court to impose appropriate sanctions, such as modifying parenting time, ordering make-up visitation, or imposing fines.
What Constitutes Unfit Parenting?
Unfit parenting refers to behavior that puts children at risk, such as substance misuse, neglect, mental instability, domestic violence, or unsafe living conditions. If one parent is determined to be unfit, the court may limit their custody or parenting time, require supervised visits, or award sole custody to the other parent to protect the child’s safety.
These cases usually involve the participation of mental health specialists, social workers, child psychologists, and other qualified experts who can provide evaluations and testimony to help the court make informed decisions. Our firm has a vast network of professional contacts and resources to support your case and pursue a just outcome.
Do I Need a Child Custody Attorney?
Child custody matters often involve high stakes and significant implications for families. Having a knowledgeable lawyer on your side is essential to obtaining a favorable resolution that honors your child's needs. Below are some invaluable reasons to work with our child custody and parenting time attorneys:
- Legal guidance. We provide personalized guidance to help you understand your rights, navigate the legal process, and move forward with confidence and clarity.
- Protecting your rights. We can advocate for an arrangement that reflects your child’s best interests while protecting your parental rights at every turn.
- Experience in high-stakes cases. We have a proven track record of success in high-stakes family law matters, including high-net-worth couples.
- Trial readiness. Our lead attorney is a board-certified family law litigator with a reputation for securing exceptional outcomes for our clients.
Navigating a child custody dispute can be daunting, but you don’t have to fight alone. Contact us online to discuss your case with our compassionate advocates.
