Ultimately, issues regarding visitation and custody are decided based on the "best interests of the child(ren)" in question.

Sometimes parties with children cannot agree on who should have custody. The truth is courts in New York state favor joint custody.

Custody is split into two different types (1) legal custody, and (2) physical custody. Legal custody pertains to a parent's right to make important decisions affecting the life of their children such as which school they attend, or in what faith they will be raised. Physical custody pertains to what parent has rights to a child's physical presence for particular periods of time, and the day to day decisions made while a child is physically staying with one parent or another, such as what clothes to wear, or what tv show to watch on a particular day.

Joint legal custody would mean that each parent has a say on the major decisions in a child's life. Often, parents are able to agree to joint legal custody as this is more or less a continuation of the status-quo during the marriage. Sometimes the parents will agree that one parent will have decision making authority in some areas while the other parent makes decisions in other areas. Other times the parents may agree to share decision making authority equally in all areas.

Unfortunately, sometimes the relationship between the parents becomes so embittered that agreement between the parents on any decision is impossible. Alternatively, each parent may have drifted apart in their fundamental beliefs or values over the years making agreement in many areas equally impossible. In such cases, despite its great expense, the parties may have no recourse but to seek judicial intervention.

Joint physical custody likewise can take many different forms. For example, the children can spend equal time with each parent. Alternatively, one parent may have primary residental custody with the other parent having visitation every weekend or every other weekend with extra vacation time over the summer. Also, in some circumstances a parent may have supervised visitation or no visitation at all.

Physical custody disputes can be borne of bitterness, mistrust, or very real concerns over a child's welfare. As with legal custody,  parties may have no recourse but to seek judicial intervention. 

Custody disputes, like many other aspects of family law are very rarely worth the emotional and financial expense of involving the judicial system. Whether it is by means of negotiating a favorable custody agreement, or aggressively working your case through the court system, as your attorney I would work hard to ensure that your rights are protected.

Do you have questions or do you want to make an appointment to discuss divorce in Nassau County?

Call me at (516) 513-1300 or use our contact form.