Before you go to court, it is a good idea to speak with a knowledgeable custody and visitation lawyer to help you understand your rights.
There are two types of custody and visitation in NYC:
- Physical Custody–If you have the Sole Physical Custody, it means that the child lives with you and you have full control over all of the day-to-day decisions affecting the minor child. While the non-custodial parent is not involved in the decision making, they do have the right to receive information regarding the decisions.
- Legal Custody–if you have Joint Legal Custody, it means that both parents share legal custody, and both are involved in the important decisions for the child, such as education and religious upbringing.
Different states have different terms for the custody arrangements, including physical Custody, Residential Custody, Primary Physical/Residential Custody, Sole Physical/Residential Custody, Split Custody, Sole Legal Custody, Joint Legal Custody, and so on. An uninformed individual can easily get confused and give away or waive important rights.
Questions non-custodial parents (i.e., parents who do not have physical custody) have about custody and visitation after divorce include:
- Is the non-custodial parent always entitled to visitation? Not always. The court will determine the visitation arrangements, which should be followed by the custodial parent, and the court will consider the best interests of the child in making the decision. However, if an issue arises regarding abuse and neglect, the court can change the terms of the custodial arrangement.
- How can non-custodial parent enforce visitation? If a custodial parent interferes with the visitation terms of child custody/visitation order in New York City, the non-custodial parent has a right to file a petition to enforce the order. If the judge finds that the custodial parent’s interference is groundless, the custodial parent can be found in contempt of court and the custody/visitation order can be altered.
- Can a non-custodial parent simply stop paying child support due to issues with custodial parent? No, this is not the proper solution and it may endanger the non-custodial If the non-custodial parent is having issues with the custodial parent, they must petition the court. Cutting off child support only harms the children, and it may be a direct violation of the court order, which can land the non-custodial parenting jail.
Who is given custody in New York City?
Child custody in NYC can be difficult: when people are battling over children, it can be a no-win situation. However, child custody can be awarded to:
- Either parent, provided they can adequately take care of the child. While women generally get custody of the children, men can also receive custody in some circumstances.
- If no custody order is in place, either parent can keep the child, but that may bring friction, or even danger of altercations, between the parents.
- A family member can also be awarded custody. If the parents are not fit to care for the child, the court may give temporary or permanent custody to a grandparent or another qualified party.
If you need more information about child custody and visitation in NYC, speak with Leonid Mikityanskiy, an experienced child custody and visitation lawyer to help you with your case.