Child Custody And Parenting Time Lawyers Representing New York City Families

Last updated on December 30, 2024

Child custody matters can bring out intense emotions in a divorce. Most parents share a strong bond with their kids and want what’s best for them. And while divorce can complicate how parents meet their children’s needs, reaching an agreement is possible – and they don’t have to do it alone.

At Fersch LLC, our attorneys have been assisting families with child custody matters for years, and we understand how heated negotiations can get. We take the time to address your hopes and concerns as a parent and tailor our legal strategy to meet your needs and fit your circumstances.

We understand that these are difficult situations, as emotions can be very strained and your spouse may be trying to turn your children against you so that they can take sole custody. We have experience dealing with this type of parental alienation and narcissism and can help guide you through this process.

How Sole And Joint Custody Differ

Parents can either have sole or joint custody of their kids. Here’s what both mean:

• Sole custody: One parent has full custody of their kids. In this instance, the parent with sole custody is referred to as the custodial parent, and the parent who does not have custody is referred to the noncustodial parent. The noncustodial parent may still retain some decision-making authority with the other parent, however, they will not be entitled to spend time with their children on their own.
• Joint custody: Both parents share custody of their children. In joint custody agreements, the custodial rights of both parents are equal.

Sole and joint custody are typically high-level custody options. As New York family law courts account for the nuances and complexities of individual families, there are additional custody options that can help families address their specific needs.

The Distinction Between Legal And Physical Custody

Legal and physical custody are the two most common types of child custody. Here’s what makes them different:

• Legal custody: Parents with legal custody of their children have the authority to make decisions about their child’s care, including education, extracurricular activities, religious upbringing and medical decisions. Parents can have sole legal custody or joint legal custody of their children.
• Physical custody: Parents who have physical custody of their children have authority over where they live. Parents can have either sole or joint physical custody of their children. When parents split physical custody, it’s also referred to as parenting time, and they often have to agree on how much time each parent will get with the kids.

While these are the two most common, they are not the only options. We understand you may have unique circumstances, and we can help you explore other alternatives that may be a more suitable fit.

Noncustodial Parents And Their Rights

Non-custodial parents have a right to access and view medical and education records. A noncustodial parent refers their right for physical time with the children with the children only. This does means that in some cases they may retain their legal rights to decision making if it is provided for under legal custody.

How New York Courts Determine Child Custody

Judges will consider numerous factors when evaluating and determining child custody arrangements. The greatest factor which a judge will consider is what is in the best interest for the child. This is a subjective standard that can differ greatly between judges, but is ultimately focused on weighing all of the factors involved in the child’s life to decide what will be best overall for them.

New York Child Custody And Parenting Time FAQs

Child custody and parenting time are issues that many parents struggle with during a divorce or separation. We know this can be an emotional and confusing time for you and your children. In this section, we’ve answered some common questions to help you understand the basics of custody arrangements in New York.

When is it normal to seek a modification to a custody order?

Life changes, and sometimes custody arrangements need to adjust to those changes. You might consider seeking a modification when:

• Your work schedule shifts dramatically, affecting your parenting time
• You’re planning a move that impacts your child’s school or relationships
• Your child’s needs have significantly changed
• There are serious concerns about your child’s well-being in their current environment

Courts look for substantial changes that affect your child’s best interests. If you’re unsure about your situation, talk to one of our child custody attorneys to help you understand your options.

Why might the court order supervised visits for my parenting time?

Courts always put children’s safety first. They might order supervised visits if they have concerns about:

• Recent substance abuse issues
• A history of domestic violence
• Mental health challenges that could affect parenting
• Long absences from the child’s life

Remember, supervised visitation is often temporary. As you address these concerns, we can work towards establishing regular, unsupervised visits. Our goal is to work with you to address the court’s concerns and move toward a custody arrangement that serves your child’s best interests.

Does anyone have to pay child support if we share custody of our child?

Shared custody doesn’t automatically mean no child support. New York courts consider many factors when determining child support, including each parent’s income and the time each spends with the child. The goal is to keep your child’s standard of living consistent between both homes.

Every family’s financial situation is different. For a clearer picture of how child support might work in your case, visit our child support page or reach out to our firm for personalized guidance.

Work With Experienced Child Custody Lawyers Today

You know your child and can envision what’s best for them long term. We can help you advocate for your and your child’s best interests by evaluating your situation and taking appropriate action. Whether you want to settle these matters inside or outside of court, we can help. Call 646-679-1456 or email us to schedule a consultation today.