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 Custody of minor children involves two sets of issues - (1) which parent will have responsibility for the day to day care of the child as well as the rights to direct the child's daily activities (physical custody); and (2) who will have the rights and responsibility to make decisions regarding the health, education, and welfare of the child (legal custody). If the parties cannot agree on a mutual custodial arrangement, the judge will make the decision for them after a trial. The standard applied in awarding custody is the best interest of the child. New York law custody does not provide for the award of joint custody and, unless the parties agree, a judge will not order joint custody, but will, instead, award sole custody to one parent. The non-custodial parent is usually entitled to visitation and standard applied in determining the frequency, duration and type of visitation the non-custodial parent will have is the best interest of the child.
Child custody can be a hotly contested issue, which is usually complicated by the involvement of certain professionals, such as a certified social worker, a forensic psychologist, or psychiatrist from whom the court may seek expert opinion. In addition, the child or children in a custody proceeding will usually have a court-appointed known as a law guardian, whose job is to represent and advocate positions deemed by the law guardian to be in the best interests of the child. Also, depending on the child's age, the court will take into consideration the child's wishes and preferences. Custody can be raised within the context of a divorce proceeding in the Supreme Court or in a plenary action in the Family Court.
A knowledgeable family law attorney can help you with the complex issues involved in child custody litigation. Call our office, toll-free at 1 (866) 99 TRUST and make an appointment for a free, no-obligation initial consultation .
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