Visitation & Custody Laws in New York State

The laws of New York set the guidelines for establishing, enforcing and changing the custody and visitation associated with children in divorce, annulment, legal separation and paternity cases.

Function

• The underlying function of the provisions of New York law pertaining to custody and visitation is to serve the best interests of the child. The needs and objectives of parents remain secondary to developing a custody and visitation order that ensures the protection and enhancement of a child's best interests.

Considerations

• In ascertaining what custodial and visitation arrangement best serves the interests of the child, a New York court considers the physical and mental health of all parties, which parent maintains a residence most suitable to serve as a home for the child, and which parent historically provided primary care for the child.

Types of Custody

• New York law makes a distinction between legal custody and physical custody. Legal custody vests in a parent the authority to make major life decisions for a child. These include matters relating to education, medical care and religion. New York law indicates a preference for joint legal custody, meaning both parents share in making major decisions.

  Physical custody involves the legal determination as to where the child resides. The preference in New York law is for a child to have a "home base," a residence with one parent where he spends a majority of his time. The child enjoys reasonable and regular visitation with the other parent, according to New York law. What constitutes reasonable and regular visitation is determined either by agreement of the parties or by order of the court on a case-by-case basis.

Benefits

• The benefits of custody and visitation laws in New York include ensuring that both parents enjoy the ability to develop meaningful relationships with their child or children. Conversely, these statutes ensure that a child enjoys regular access to and contact with both parents.

Expert Assistance

• Cases involving the custody of and visitation with children are emotionally and legally challenging. To ensure that your rights and interests are best protected, consider engaging the services of an experienced New York attorney. The New York State Bar Association maintains a directory of attorneys in different practice areas, including family law. Contact the Bar Association at:

  New York State Bar Association
  One Elk St.
  Albany, NY 12207
  518-463-3200
  http://www.nysba.org/