One of the most complicated issues that result from a divorce is deciding child custody. In some cases, divorcing parents share custody of their kids. Shared custody, generally referred to as joint custody, involves children splitting time living with each parent. However, shared custody is not the only type of child custody arrangement. In some instances, one parent will have full custody of the children and the other parent will only have visitation rights.
The kids will live with the parent with full custody, generally referred to as sole custody or primary physical custody, full time. The parent with visitation rights will only get to spend a limited amount of time with the kids.
How Child Visitation Works in New York
In New York, the parent without primary physical custody of the kids can file for visitation rights. Parents usually file for visitation rights as part of a divorce, child custody dispute, or paternity case. A minimum visitation schedule in New York allows the parent without primary physical custody to spend time with the children one weeknight a week and have overnight visits every other weekend. A judge can award a parent more visitation time than that, depending on the situation.
If the judge is concerned about the child’s safety during visitation, the judge can order supervised visits. This usually only happens if a parent has a history of abusive behavior. Supervised visits take place at a child protection agency or under the supervision of a third party.
Does the Parent with Physical Custody Have the Right to Make Major Decisions on Behalf of the Children?
Even though one parent may have primary physical custody of the children, that does not mean that parent has primary legal custody of the kids. Physical custody refers to the children’s living situation. Parents with legal custody are the ones who get to make major decisions on their children’s behalf, including medical, legal, religious, and educational decisions.
Speak with Our Experienced Child Custody & Visitation Attorneys Today
There is nothing more important to a parent than their children. We get that. That is why our experienced legal team at Levi Divorce & Family Law Attorneys has been helping parents secure favorable outcomes in child custody & visitation cases for years. We fight for you like we would if we were fighting for custody of our own kids.
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For more information about child custody and visitation rights in New York, or to discuss your situation with our experienced family law attorneys, give us a call at (718) 215-0121 or reach out to us online today. We’re available to help 24/7.