In child custody matters, the Court determines custody based on what it believes to be the best interests of the children. This aspect can be the most complicated and controversial component of a divorce in New York. Sometimes children become a bartering tool and their well-being gets lost in the game of tug-of-war.
When the parents disagree about issues of child custody, the New York Court will often appoint an attorney for the child who will advocate for the child’s wishes or, if the child is too young to express themselves, advocate for that which the attorney believes to be in the child's best interest regarding child custody and an appropriate visitation schedule. Contact an attorney now.
Sole Custody: If the parents are not awarded joint custody, one parent will have sole custody of the children. Sole custody means that a parent has the authority to make legal decisions for the children. The non-custodial parent is awarded specific visitation with the children.
Joint Custody: In joint custody, both parents have legal custody with one parent designated as the primary residential parent. Joint legal custody means that both parents have the right to make major decisions for their children. These decisions include residence of the child, medical and dental treatment, education, child care, religious education, extra-curricular activities, summer camp and recreation
Joint-Shared Custody: In joint-shared custody, both parents share legal custody with each parent having specific periods of responsibility with the children. This arrangement gives both parents the right to make major decisions on an equal basis for their children.