Parental Visitation Rights in Long Island

The term child custody is used to describe the legal relationship between parent and child. There are two different types of custody. "Physical custody" refers to where the child lives and with whom. Whereas "legal custody" is used in determining which parent has the legal right to make important decisions pertaining to the child and his or her life.

Contrary to popular belief, mothers do not have a preferred right to the custody of their children. Both parents have the same rights to custody and as long as there is no custody order, either parent can keep the child with them.

If a parent wants to apply for custody of their child, they have to do so with the Family Court. You can also try to get custody through the Supreme Court; however it is very difficult to do this on your own, without a lawyer. Additionally, you can only have one case open at a time. You cannot try to get custody through family court if your divorce is still pending at the Supreme Court.

How the Courts Make Their Determination

The first thing the courts will do is determine if they have the jurisdiction to hear your case. Typically, this means, your child will have to have lived in the state of New York for the last six months. If not, you will have to wait until it has been six months since your move, before the Family Court will hear your case. If your child is under six months old, you will most likely need to file in the state where your child was born.

The courts are going to look at what is in the best interests of the child in determining custody. They do not automatically assume that person is the mother. The court will look at which parent is the primary caretaker of the child. For example, which parent changes the diapers, feeds the child, bathes them, gets them dressed, takes them to school and gets up with them in the middle of the night. The court will also look at the lives of both parents and what kind of a home they can provide for the child. If you need help with your child custody and visitation matter, a skilled and knowledgeable Long Island visitation rights attorney at Jonathan E. Kroll & Associates can help.

Contact a Long Island Visitation Rights Lawyer at our firm today for a free consultation.