How is Child Custody and Visitation Determined?

Child custody and visitation refers to children under the age of 18 at the time of divorce. Parents are advised to set aside their differences, work together and effectively communicate for the sake of their children. Custody and visitation will be determined by the court with the best interests of the child in mind. Depending on the age of the children, their wishes may be considered in the custody arrangement. Some of the possibilities for child custody are sole custody, joint custody, or shared custody—they refer to both physical custody (where the child lives) and legal custody (who can make decisions for the child). It is advised that you speak with your lawyer about these options, but here is an explanation of each:

Sole Custody

Sole custody is where one parent has both physical and legal custody and has authority to make decisions regarding the children. The child lives only with the custodial parent and may or may not have visitation with the other parent. This is the least common type of custody and is generally granted when the non-custodial parent has proven to be unfit.

Joint Custody

The state of New York prefers joint custody of children, where both of the parents have the legal authority to make decisions for their children, and the children live with one parent in their primary residence (physical custody). Parents decide which days are spent at the primary residence and which days are spent with the other parent. In most cases, children stay at their primary residence during the week, and spend weekends with the other parent. Parents must also work out arrangements when the children have time off from school, such as holidays and breaks.

Shared Custody

Shared custody is where both parents have legal authority to make decisions for their children. Shared custody also refers to joint physical custody, where living arrangements and decisions are shared by both parents equally. Parents must prove to the court that they are capable of working together in order to obtain a joint or shared custody decision.

Visitation

When considering visitation arrangements, keep in mind what will be best for the children. Children need consistency and stability, especially during the school-week. Parents must work together to decide on a visitation schedule regarding: weekdays, weekends, holidays, and summer and winter breaks from school. Find a routine that works for everyone and stick to it. Keep in mind that you must find a fair ground for dropping the children off and picking them up, like one drops off and the other picks back up, or meet halfway.

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