Child custody refers to parents’ responsibilities and legal rights regarding their children. While custody often arises during divorce cases, child custody can be a separate case related to paternity, grandparent rights, child neglect, and other matters impacting a minor child. In this blog, our Nassau County child custody attorneys explain what parents should know about child custody laws in New York to protect their rights.
What Are the Types of Custody in New York?
The two types of custody in New York: physical and legal custody.
Physical custody or residential custody is the responsibility of caring for the child. Legal custody is the right to make decisions for the child, including decisions related to their medical care, education, religious upbringing, and extracurricular activities.
A judge may grant a parent sole custody, giving that parent the right to make all decisions for the child without consulting the other parent. In many cases, parents share joint custody. Even with joint custody, the child usually resides primarily with one parent for continuity, and the non-custodial parent has scheduled visitation.
How Do Courts Decide Custody Matters in New York?
Courts decide child custody matters based on the best interests of the child. Judges consider numerous factors when determining a child’s best interest, including:
- The ability of a parent to care for the child
- Which parent has been the primary caregiver for the child until now
- The ability of a parent to foster a relationship between the child and the other parent
- A child’s relationship with siblings and other relatives in the home
- Evidence of substance abuse, domestic violence, or child abuse
- The physical and mental health of the parents
- Voluntary arrangements between the parents
- A child’s preference for custody, depending on the child’s age and maturity
- The home environment of each parent
A judge may consider other factors to determine a child’s best interest. If a parent contests custody, they have the burden of proving the other parent is unfit to have custody.
What Is a Parenting Plan?
A parenting plan explains the custody arrangement. It outlines each parent’s responsibilities and rights. Key elements of a parenting plan include:
- The time-sharing schedule for each parent (i.e., when the child is with each parent)
- How to divide holidays and special occasions
- Communication guidelines for the parents and the children, including how the children communicate with a parent when they are not with them
- Methods of resolving disagreements or conflicts
- Guidelines for scheduling extracurricular activities and school functions
- Decision-making authority for important matters regarding the children
Parents are encouraged to work together to develop a parenting plan that benefits their children’s best interests and well-being. Effective communication is a cornerstone of a successful parenting plan.
Can You Modify a Child Custody Order in Nassau County, NY?
The law recognizes that child custody arrangements may need to be modified. Either parent can petition the court to modify a child custody order. The party seeking the modification has the burden of proving a substantial change in circumstances has occurred that justifies changing the current custody order.
Schedule a Free Consultation With Our Nassau County Child Custody Attorneys
Child custody is one of the most contentious issues in family law. If you have questions about child custody, call Kohan Law Group, P.C., to schedule a free case evaluation with one of our experienced Nassau County family law attorneys.