 Randi
L. Karmel, PLLC, 425 Park Avenue, 27th Floor, New York, NY 10022 |
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 Child
Custody
Custody in the State of New York requires has two definitions.
Legal custody means decision-making authority, which can be
defined as the right and duty to care for a child on a day-to-day
basis; and physical custody, which can be defined as the home
where the child will reside. There are basically two types of
arrangements that are made in child custody.
1.
Sole custody arrangements are when one parent takes
care of the child most of the time and makes major decisions
about the child. That parent usually is called the custodial
parent. The other parent generally is referred to as the noncustodial
parent. The noncustodial parent almost always has a right of
visitation--a right to be with the child, including for overnight
visits and vacation periods.
2. Joint
custody arrangements are where both parents share in making
major decisions, and both parents also might spend substantial
amounts of time with the child.
When parents cannot agree on custody of their child, the court
decides custody according
to “the best interest of the child.” Determining
the best interest of the child involves consideration of many
factors and may require the aid of a forensic evaluator who
evaluates the family and issues a report to the judge.
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Visitation Rights
Parents who do not receive custody normally are entitled
to visitation with the child. The amount of visitation will
vary with the desires of the parents and the preferences of
the judge. The usual amount of visitation, however, is: every
other weekend (Friday evening through Sunday); a week night
(for dinner); half of the child’s winter and spring breaks,
alternate major holidays; Fathers’ Day or Mothers’
Day, as applicable; and two to six weeks in the summer.
If parents live far apart and regular weekend visitation are
not possible, it is common to allow more summer vacation and
school holidays to the noncustodial parent.
Courts can deny or restrict visitation if they believe the child
might be placed in danger by the visitation. If visitation is
restricted, visitation might be allowed only under supervision,
such as at a social service agency or in the company of a responsible
relative.
There is no presumption that mothers are better parents than
fathers simply because of their gender. Men can be awarded custody
just as often as women. |
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