Preparing for a Child Custody Consultation in New York

Preparing a strong case for child custody and/or visitation starts with understanding New York law regarding custody and visitation rights when the parents of a child separate in that state. In New York, the parents may agree on a parenting plan, which, in the end, would be included in a court’s order regarding child custody and visitation.

Ultimately, if the parents are unable to agree, the court imposes a custody and visitation plan. It would include the following content:

• How the couple’s child is going to be cared for
• Where the child will live, i.e., which parent will have physical custody, or “primary placement” as it is sometimes called in New York
• Who will make the key decisions about how the child will be raised, e.g., legal custody
• When the child will see each parent.

Custody and visitation arrangements must serve the best interest of the children. A legal consultation in New York with a New York lawyer would help a person understand the law regarding child custody and visitation in that state.

Until a court has issued an order regarding child custody and visitation, both parents have the same rights. This means that both of them may participate in making decisions about their child’s upbringing. Neither parent has any greater right to custody and/or visitation than the other, so before they go to court, they would need to agree on a plan for their family, where the child would live, and how they would spend time with each parent.

A parent also needs to understand that child custody refers to the rights and responsibilities of the parents for taking care of their child. The two aspects of child custody are as follows:

• Legal custody: This is the right to make important decisions about the child’s upbringing, such as where they will be educated, what kind of health care they should receive and whether they would have a religious affiliation.
• Physical custody: This is where the child lives.

Both legal and physical custody can be shared, i.e., joint, or sole, i.e., held by one parent only. If parents have joint legal custody, then the parents share the right to make the important decisions about the upbringing of their child. A parent who has sole legal custody has the sole right to make decisions about the child’s upbringing.

What Other Factors Might a New York Court Consider in a Child Custody Case?

The parents always have the opportunity to agree on a custody and visitation plan and if it passes review by a court, the court adopts it as the plan in the case. However, if parents cannot agree on a parenting plan, then they have to ask a judge to decide. To decide what is best for a child, the judge considers the following:

• The age and health of the child
• The character of the relationship that each of the parents has with the child
• The child’s ties to their school, home, and community
• The ability of each parent to provide the child with the care they need
• Any history of family violence
• Whether either parent has a regular and ongoing substance abuse problem
• The child can express their preference to the court through the Attorney for the Child. A court gives more weight to older children, but the court makes the final decision regarding where the child lives until the child turns 18.

After hearing evidence and arguments relating to these factors, a court decides on a parenting plan applying the child’s best interest standard.

Special laws regarding custody of a child apply if the family has experienced domestic violence. Which law applies depends on when the domestic violence happened and whether a court was involved.

If a parent has been convicted of domestic violence, it usually means that the judge would grant sole legal and physical custody to the non-abusive parent. The parent who committed the abuse may still be awarded some visitation with the child.

If one parent accuses the other parent of domestic violence, a judge must take this into consideration in deciding on a custody arrangement that would serve the best interest of the child. If the judge were to award sole or joint custody or unsupervised visitation to the parent who has been accused of domestic violence, the judge would have to clearly explain their reasons for making this decision.

What Documentation Should I Gather Before Meeting With My New York Child Custody Lawyer?

A parent would want to gather documentation regarding their relationship with their child or children and that of their spouse. If one parent is the primary caregiver to their child, they would want to document this. They would want to document the child’s ties to their school, home and community, especially if one parent plans to stay in the existing family home and would be able to allow the children to remain in the same school and community after the separation.

What Makes a New York Child Custody & Visitation Case Strong? What Makes It Weak?

A parent who does not know how to approach custodial and/or visitation rights in court would do well to consult a New York lawyer. A lawyer would be able to advise a person as to the strengths and weaknesses of their position in a dispute about a custody and visitation plan.

A parent’s case would be strengthened by good evidence that supports the existence of strong emotional ties between themselves and their child. A parent’s history of serving as the primary caregiver of their child would help their case. The ability to keep the child in their existing school district and community would also probably be a strong point. Providing stability for the child is what a court would look for.

A parent who has not been a primary caregiver has not created strong emotional ties and would not be able to keep the child in their current school district and community would have a weaker case.

Of course, a parent with a history of domestic violence and/or substance abuse issues would be in a weaker position relative to a parent who does not have these handicaps.

Dos and Don’ts for New York Child Custody & Visitation Cases

A parent would want to be honest in their presentation of their case to a court. They would not want to make up negative allegations about the other parent that would not be supported by evidence that they can produce.

However, courts place great weight on a parent’s ability to encourage a positive relationship between their child and the other parent. So a parent wants to be careful about criticizing the other parent because doing so would suggest that the parent cannot be supportive of the other parent’s relationship with their child.

A parent wants to manage their anger and avoid emotional outbursts, losing their temper, and making threats. A parent needs to remember that they want to appear to the emotionally mature, stable, healthy person their child needs to care for them.

When Do I Need a Lawyer for Child Custody & Visitation in New York?

If you are separating from the other parent of your child, you want to consult a New York child custody lawyer. LegalMatch can quickly connect you to a lawyer who knows New York law and can help you prepare your best case. It can be challenging to manage a child custody and visitation dispute in court, and a lawyer gives you your best chance of a successful outcome.