Child custody is one of the most emotional and highly contested aspects of a New York family law case. The guiding principle in reaching custody decisions is what’s in the child or children’s best interests. At Barrocas, Mintz, Misuraca, and Record, we have more than 30 years of experience in the legal process and with New York rules surrounding child custody and visitation. We will work hard to ensure your children’s best interests are paramount and to keep your children out of the divorce dispute.
Every family is different and every child has different needs. We work with parents to determine the custody and visitation schedule that will work best for their particular child and family. The team of Barrocas, Mintz, Misuraca, and Record has helped thousands of clients through amicable negotiations as well as judicial determinations of custody and visitation rights that often accompany divorce and legal separation. We are experienced in negotiating work schedules, school and activities, family and religious holidays, vacations, weekend custody, and any other obstacles to agreement.
There are two types of custody that need to be determined in a New York custody case: Legal Custody and Physical Custody
Legal custody refers to the ability of the parents to make major life decisions concerning the health, education and welfare of a minor child. Parents may have joint legal custody, or under some circumstances, one party may be awarded sole legal custody./span>
Physical custody refers to the actual living arrangement of a child. Often, one parent has primary physical custody — the child resides with and is under that parent’s supervision most of the time — while the other parent has visitation rights. If the child resides for significant amounts of time in both parents’ respective homes, both parents are said to have joint physical custody
The determination of custody can be a complicated matter. At Barrocas, Mintz, Misuraca, and Record, we will discuss your individual custody case and help you reach a custody agreement that works for your entire family. If you do not agree with the other parent, we will vigorously advocate on your behalf.
Visitation refers to the time that the parents have with the minor child. Even if a parent does not have custody of his or her child, he or she may have visitation. New York’s policy is to foster frequent and continuing contact between both parents and the child. However, there are circumstances in which such an arrangement may not be appropriate. For example, contact with a parent may be limited when it is found by the Court that it is not in the child’s best interests, such as in circumstances of domestic violence, child abuse, sex abuse, and/or alcohol or substance abuse. Addiction issues must be carefully analyzed to ensure the safety of a child.
The Long Island and New York City custody attorneys at Barrocas, Mintz, Misuraca, and Record are available to help you arrive at the custody and visitation arrangement that is the best interest of your children and is appropriate for your case. They will negotiate your agreement, and if necessary, they will vigorously advocate for you in Court.