Custody and Parenting Time
Child Custody Attorney in Suffolk and Nassau New York
By J. Douglas Barics
Custody of children is determined by a best interests standard. There is no single definition as to what constitutes best interests, other than no single factor can control and the courts must look to the totality of the circumstances.
The approach of a custody attorney you choose is perhaps one of the biggest factors to consider in deciding which attorney to hire. Unlike finances, which involve sorting out past events, custody's focus is predicting the future and deciding which parent will be better.
What if there was a way to make both parents better? In reality, there is. By reaching a mutual agreement neither parent can claim to be the winner or loser. That dynamic does affect the parenting of both parents, to the children's detriment. In addition, a negotiated agreement is far more likely to be followed than one set by the court.
At the Law Office of J. Douglas Barics, we have over 25 years of experience in helping parents reach an agreement. While we are not afraid to go to trial when necessary, we consider a settlement as the best victory in a custody case outside of extreme situations.
Do you need representation in a divorce that includes deciding custody?
Contact us online or at (631) 864-2600.
Custody in New York State
What you need to know about child custody
How is Custody Determined in New York?
Custody in New York is decided based on what the court concludes is the best interest of the child. Neither parent is presumed to have a greater right to custody. Parents have a superior right to custody over everyone else, and a non parent must first show extraordinary circumstances why they are entitled to seek custody. Custody is always subject to the parenting time of the other parent.
What Factors are used to Determine Custody Under the Best Interests?
The best interests standard is based upon the totality of the circumstances, which means the court is is free to decide which recognized factors are relevant to each case. These factors include:
- Which parent is the primary caregiver
- Which parent is more available for the child
- Which parent is better suited to the emotional and intellectual development of the child
- Which parent is more likely to foster the child's relationship with the other parent
- Separation of siblings
- History of obeying or disobeying court orders
- Prior informal custody agreements
- Existing custody agreements
- Home environment
- Preferences of the child
What is Residential Custody?
Residential custody is as where the child legally resides. A parent who is awarded residential custody will determine the child's residential address.
What is Sole Custody?
Sole custody gives one parent alone the right to make all major decisions involving the children. A sole custody order might require input from the non custodial parent on decisions, or they can be made without any requirement to consult the non custodial parent.
What is Joint Custody?
Joint Custody gives both parents equal rights in making decisions. By definition, joint custody requires mutual decision making, as if a joint decision cannot be made both parents have an absolute veto over the other parent.
What is Joint Custody with Spheres of Influence?
Spheres of influence is a joint custody arrangement which gives each parent sole decision making authority over different areas of a child's life. A custodial arrangement using the spheres of influence approach gives each parent sole custody over specific areas of decisions. The area of decision making is based upon the particular expertise of each parent. For example, one parent may have the sole right to make educational decisions while the other parent has the sole right to make religious decisions.
What is Parenting Time?
Parenting time refers to the amount of time each parent spends with their child. Parenting time is sometimes referred to as access time. The amount of parenting time is independent from decision making authority except for routine decisions while in the care of each parent.
What is Visitation?
Visitation is an older term which for the most part has been replaced by parenting time. It grew into disfavor based on the growing belief that parents do not visit their children the same way non parents do, and a different term should be used to indicated they are still a parent with superior rights over non parents.
When Can a Child Decide Which Parent to Live With?
A child has an absolute right to decide where to live at age 18. For children under 18 years old, the court will make that decision. However, the closer the child is to 18 the more weight the court will place on the child's wishes, with the 800 lb. gorilla rule applying for children close to 18 years of age. That rule asks the question "where does an 800 lb. gorilla live?" and the answer is "Anywhere it wants."
Does Joint Custody Affect Child Support?
Joint custody does not affect the amount of child support as child support is not adjusted based on the time spent by each parent with the child. Child support is silent on joint custody and the courts have dealt with this omission through case law to ensure joint custody orders comply with the mandatory child support language.
What is Interstate Custody?
Interstate custody is when two states can possibly claim to have the authority to decide custody. Determining which state is the proper state is the first step in any interstate issue.
How is Interstate Custody Resolved When There is No Order of Custody
When there is no existing order of custody, the state where the child has resided for the past six months will have the power to determine custody. This rule is not absolute and there are statutory exceptions, such as if the state is an inconvenient forum to determine custody, or if the six month residency was established through the misconduct of one of the parents.
How is Interstate Custody Resolved When There is an Existing Order of Custody?
When a custody order exists, the state which issued the order retains exclusive jurisdiction over all future custody matters so long as either parent or the child lives in that state. If neither parent or the child lives in that state, the authority to decide custody will shift to a new state.
How is Custody Affected When the Custodial Parent Seeks to Relocate?
When the custodial parent parent wishes to relocate, the legal standard established by the 1996 case of Tropea v Tropea is to show the relocation is in the best interests of the child. In general, obtaining a relocation order is difficult but not impossible. The focus on relocation is the child's interests. Parental access time of the non relocating parent is often a critical factor. Distance involved, and the new proposed parental access schedule in contrast to the existing parental times will almost always play a significant role.
Contact Our Child Custody Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any divorce involving contested custody, no matter how challenging or complex. With over 20 years of experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled custody lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.