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CHILD CUSTODY AND VISITATION

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Child visitation.jpgIn the Law Offices of Lewis C. Edelstein, Esq., P.C., the first consideration in a divorce proceeding is the custody of the children.  If at all possible, children’s issues are dealt with first so that stability can be assured.  

Types of Custody in New York:

There are two types of custody in New York State:

      • The first is sole custody, where one parent has legal and physical custody of the children. That parent is empowered to make both day-to-day and long-term decisions for the child such as health, education and welfare.  
      • The other variety of custody is called joint custody, where both parents make share in the decision-making process, but one parent has physical custody.  This kind of custodial arrangement is preferable because it encourages both parents to be intimately involved in the children’s lives.  However, the relationship of the parents determines whether or not joint custody is appropriate.


Regardless of the custodial arrangement, visitation by the non-custodial parent must be balanced, taking into consideration the activities and needs of the child. The phrase “parenting time” is used interchangeably with visitation.  This places emphasis on the fact that while the children are in the company of a parent, that parent is absolutely responsible for the child’s well-being and activities. The balance of parenting time is essential to a successful divorce proceeding.    

 
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