Enforcing Child Custody Agreements in Westchester County
White Plains child custody attorney protecting your rights
The issues of divorce become more complex when they involve children. Even in a broken marital relationship, neither parent wants to lose any time helping their children grow and develop. You need a competent and understanding family law attorney to arrive at a settlement and enforcement solutions that are best suited to help your children continue to thrive after divorce. A trusted New York divorce lawyer in White Plains, Martin J. Rosen, P.C. is dedicated to helping families resolve the conflicts of child custody and visitation.
Child custody in New York
New York child custody law encompasses two important concepts:
- Legal custody — The authority to make decisions regarding a child’s health, welfare, education, religious formation and other major aspects of the child’s life.
- Physical custody — The right to have a child reside with you, and the related responsibilities to feed, clothe, care for and guide the child.
These concepts can be separated or combined in a parenting plan, allowing the court to make various types of custody awards, such as:
- Sole legal and physical custody — The child resides with one parent, who also has full decision-making authority. The other parent may have visitation (parenting time) rights.
- Sole legal and joint physical custody — One parent has the sole authority to make important choices regarding the child’s medical treatment, education, religious upbringing and other issues, but the child alternately lives with each parent.
- Joint legal and physical custody — Parents share decision-making authority and the child alternates living in each home.
- Joint legal and sole physical custody — Parents share decision-making authority, but the child only lives with one custodial parent. The noncustodial parent has visitation (parenting time) rights.
- Split custody — A rare situation where one parent has sole custody of one child and the other parent has sole custody of another.
The amount of time a child spends living with each parent has a direct impact on child support obligations.
Factors considered in New York child custody determinations
New York Domestic Relations law requires courts to make child custody decisions based on one overriding factor: the best interests of the child. To ascertain what arrangement would advance those interests, the law requires the court to consider a number of statutory factors, including:
- Which parent has been the primary caregiver during the marriage or has the closest bond with the children
- The mental and physical health of all family members
- The parenting skills of each parent
- The work schedules of each parent
- Each parent's ability to provide a stable home environment
- Which parent has the greatest inclination to encourage a close relationship between the other parent and the children
- Any history of domestic violence or child abuse
- The child's relationship with each parent
- The child's current living situation and school environment, and the importance of stability in maintaining that situation
The court may also consider any facts which it deems relevant to the determination, such as the reasoned preference of a mature child.
Each situation is unique. You need a seasoned White Plains child custody attorney to ensure that you present your best case for custody and visitation.
The benefits of a negotiated parenting plan
Every family has unique issues that courts may not adequately address, such as:
- Finding ways to share parenting time equally while residing in different states
- Identifying ways to consider differing preferences of older children
- Resolving the issues pertaining to special needs children
- Formalizing a plan for grandparents
Even in negotiated uncontested divorce settlements, the courts must approve the terms of a parenting plan, which specifies the agreement set forth for custody, visitation and child support, to help ensure that each point of the plan best addresses the needs of the children. An experienced White Plains lawyer can help parents put their issues aside to arrive at a plan that truly addresses those needs. Martin J. Rosen is a family law attorney with more than 40 years of legal service helping clients ease the difficulties of the divorce process and maintain their relationships with their children.
Visitation rights of noncustodial parents
When a parent is not awarded physical custody, it is usually in the best interests of the child to have frequent, meaningful contact that parent. This can be accomplished through an appropriate visitation schedule. There are circumstances that override the presumption in favor of visitation. For example, if the parent is known to be unfit or dangerous, the court can deny access to their son or daughter. In some cases, where there is a history of domestic violence, substance abuse or anger management issues, but the offending parent is conscientiously seeking to reform, the court can award supervised visits. When the parent demonstrates the issues have been overcome, more liberal visitation is possible.
How to file for child visitation rights
To obtain court-ordered visitation rights, a parent must file a petition with the Family Court. Custody and visitation can be dealt with together or in separate hearings. Other family members, such as grandparents, may also petition the court for visitation.
Contact a responsive child custody attorney in Westchester County
Martin J. Rosen understands how important your children are to you and works hard to get you the best results in your custody and visitation arrangements. Call his White Plains office at 914-895-5430 or contact the firm online to get the legal help you need to transcend your current situation. The law office of Martin J. Rosen, P.C. serves Westchester, Rockland, Putnam, Orange, Dutchess and New York counties.
