Custody and Visitation
Issues can arise regardless of whether two people were ever married. 
Custody is be categorized in the following manner: 

• Legal - Decision making over medical, educational, + religious decisions
  • ​Joint legal- where both parties share decision making responsibilities over issues pertaining to the child(ren).
  • Sole legal- where one party has full decision making authority over issues pertaining to the child(ren). 
• Physical - Where the child primarily lives
  • ​Joint physical- where both parties have equal parental access time with the child(ren).
  • Sole physical or sole residential- where the child(ren) lives primarily with one parent.

If parties are unable to agree on legal and physical custody, the disagreement can often lead to a lengthy + stressful battle where the court becomes the one to decide the fate of your family. Having a third party decide when you will spend time with your children can have an undesirable and lasting impact on you, the opposing party, and most importantly: the children. 

Visitation
In New York, there is a strong presumption in favor of parents to have access to their children. However, if the court is presented with evidence that a child may be harmed or endangered, courts may first order that a parent exercise visitation with supervision or in a therapeutic setting. Parents, Grandparents and Siblings can petition the court for visitation.

Visits can take form in the following manner: 

• Unsupervised visitation- Unsupervised visits are generally appropriate where a parent has already had a continuous relationship with the child in the same or separate household. Unsupervised visits can be ordered on consent. 
  
  • ​Things to consider: If a parent has never been alone with the child, unsupervised visits may begin on a tiered basis with the first few visits lasting for a few hours at a time. These visits often increase to full day visits, overnight visits, alternate weekends, and alternate weekends with dinner visits. However the expansion of visits will largely depend on the progress of the parties and the child(ren).
    
• Supervised Visitation- When there has been prolonged separation between a parent and child, issues regarding safety or mental well-being of the child, or issues with parental substance abuse, visits may need to be supervised. Supervised visits may take place at an agency or in a family members home. Agencies have the capacity provide simple supervised visitation, or therapeutic visits where a social worker is involved. In both agency visitation scenarios, reports may be generated to inform the court and the parties about the progress of the visits. 
  

Custody and visitation issues can be upsetting because the process may feel like an infringement on a parent's right to be a parent. Due to how difficult resolving custody and visitation can be, such issues can also complicate and lengthen a divorce proceeding. Speaking to an attorney can help inform you about the ways you can minimize the amount of time, money, and energy spent on figuring out what's best for your family. 

Contact 646.902.4959 for a consultation. 
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