New York Child Custody and Child Visitation
Child custody and visitation are two of the most important issues needing to be addressed between parents with children. In New York, courts will handle child custody and visitation with the ultimate goal of serving the child's best interests. While this may seem easy to determine on its face, this is a very complicated process where courts consider a variety of factors. Due to the complexity of child custody and visitation rights in New York, it is highly advisable for one to consult a New York child custody attorney.
New York Child Custody
In New York, there is no prima facie right to the custody of a child. This means that courts perform thorough investigations into each individual child's custody situation before creating a final child custody order. As mentioned above, the primary objective when determining child custody in New York is to accommodate to the child's best interests. The New York court makes this determination through the consideration of a number of factors, including but not limited to:
One notable provision in New York pertains to a writ of habeas corpus. Any parent may apply to the New York Supreme Court at any time for a writ of habeas corpus to have the child brought before the court so as to make a child custody determination. During this determination, the court shall determine what custody situation is in the child's best interests. This custody order can be modified or vacated thereafter.
Any questions that you may have regarding child custody and the determination process should be directed to a New York child custody attorney.
New York Child Visitation Rights
Generally, noncustodial parents will receive reasonable visitation rights under New York law. Courts consider many of the same factors when creating a visitation schedule that are used to determine custody. One of the factors, child abuse, is heavily considered by New York courts. If the courts find by a preponderance of the evidence that a parent abused his or her child, then the court will consider such a finding when determining the visitation arrangement.
Interference with visitation rights in New York can negatively affect one's alimony or spousal support. In particular, a custodial parent receiving alimony or maintenance that interferes with the noncustodial parent's visitation rights risks the loss or suspension of his or her alimony during the time of the noncustodial parent's visitation.
As a general rule, when making permanent or temporary child custody, child visitation or visitation rights, New York courts will consider related decisions in court proceedings and computerized registry of child protection orders. These considerations are taken in conjunction with the multitude of factors provided above. Any questions or concerns regarding the creation of a visitation schedule should be directed to a New York child custody attorney.
Laws of New York