Child Custody Legal Standard
The state of New York has established what is known as a legal standard that is utilized by a Family Court in making decisions regarding child custody. The standard used in Mew York child custody cases is based on what is in the best interests of the child.
The best interests of a child standard requires the court to examine child custody determinations utilizing the specific facts and circumstances of a particular case. There is no “one size fits all” approach to making child custody determinations in New York.
When considering the best interests if a child, a court considers a broad spectrum of factors. These include such things as which parent historically has been the primary caretaker of a child, the overall physical and mental health of the parties, and the current residential or living situation of the parents. The court will also examine which parent, if granted primary custody, is more apt to encourage recurring and regular visitation between the child and the noncustodial parent.
There are two types of custody pursuant to New York law. Legal custody is the ability or right of a parent to make major life decisions for a child. Major life decisions include such things as medical care issues, religion, and education.
Physical custody represents the ability or right of parent to provide a residence for the child. This individual typically is called the residential custodian of a minor child.
Legal and physical custody can be placed with only one parent. This is known as sole custody.
Joint custody can be ordered in regard to both legal and physical custody. This occurs when both parents share in the custody of a child. In many cases, even if the parents share custody via a joint arrangement, one parent is likely to be designated as the primary residential custodian of the child.
Parenting Time or Visitation
When an issue of custody arises, a companion matter pertaining to parenting time or visitation is also likely to be raised. Parenting time or visitation is the right of the noncustodial parent to have reasonable and regular time with the minor child.
The concept of parenting time replaces the traditional term of visitation. Parenting time is utilized to emphasize that the noncustodial parent is not to be relegated to the role of a visitor in the life of a his or her child.
The best interests of a child standard comes into play when it comes to parenting time or visitation determinations. A parenting time arrangement must be in the best interests of the child.
Benefits of Legal Representation
Due to the complexities of custody law and court proceedings, you are best served retaining the professional services of Nassau county child custody lawyers. Nassau county child custody lawyers understand he ins and outs of applicable law and judicial process.
The first step in retaining Nassau county child custody lawyers is to schedule an initial consultation. During an initial consultation, a child custody attorney will provide you with a case evaluation. You will be able to obtain answers to your questions. There is no charge for an initial consultation in most instances.