CUSTODY 

Whenever a new client speaks to us for the first time, their first question is, "will I get custody of my children?"  Custody battles during a divorce or in Family Court often leave the parties hurt and angry, and they are completely devastating to children.  At Bassett & Bassett, P.C., we understand your desire to do what you think is best for your children, and we assist you through this difficult time when your child's future is at stake.

"Legal custody" is the right of a parent to make decisions regarding the child's health, education, religion, and discipline, while "physical" or "residential custody" defines the parent with whom the child will reside. 

Legal and physical custody of a child is usually addressed by the Court during divorce proceedings but can also be addressed, without a divorce action, in Family Court.  If parties have entered into a stipulation of settlement, that private divorce and/or custody arrangement is normally approved by the Court.

Courts determine custody based on the "best interests of the child."  In order to determine what is in a child's best interests, Courts look to: the ability of each parent to provide emotional support for the child, the child's current living arrangement, where the child attends school, a parent's fitness, the role of each child as caretaker, and, if the child is old enough, the child's preference.

TYPES OF CUSTODY

In New York, there are three general types of custody:

• Sole Custody - one parent has physical and legal custody of a child and the other parent (normally) has rights to visit with the child.  The non-custodial parent is usually responsible for his or her pro-rata share of child support.

• Joint Custody - one parent will be chosen to be the physical custodian of the child, but both parents will make decisions relating to education, religion, medical care, and other significant issues.  The Courts have no power to order joint custody; the parties must agree to joint custody.

• Shared custody - the child lives with each parent for half the time.  For this arrangement to work, the parents must live in close proximity to one another.

VISITATION

Visitation, or parenting time, refers to the time that the non-custodial parent spends with his/her child.  In New York, a parent has the right to spend quality time with his/her child, even if the other parent is awarded sole physical custody.  Gone are the days when a mother was presumed by the Courts to be the likely physical custodian and the father was "awarded" every other weekend as visitation.  Today, Courts encourage non-custodial liberal access to children.  If the parties can agree about custody terms and a parenting schedule, Courts will normally approve the agreement.  If the parties cannot agree, the Court will hold a hearing and will determine custody and visitation.

PROBLEMS WITH CHILD VISITATION   

Sometimes a parent's visitation rights may be challenged by the custodial parent or even the child.  Often, a custodial parent tries to abide by the custody and visitation agreement, only to find that the noncustodial parent is not taking advantage of his/her parenting schedule!  In these difficult situations, it is always best to seek the advice of an attorney.  A qualified attorney can ensure that your visitation rights are protected, and may recommend that you commence an action to amend the terms of the custody and visitation agreement or order.

For caring, compassionate legal advice about custody and visitation issues, contact the law offices of Bassett & Bassett, P.C.

Bassett & Bassett, P.C.
320 Carlton Avenue, Suite 4200
Central Islip, NY 11722
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Phone: 631-234-2511
Emergency (24 hour) Phone: 631-312-4439

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