Custody litigation is not easy on the parents or the children. There are mainly three types of custody: 1) sole legal custody, 2) joint legal custody, and 3) shared joint legal and/or physical custody. Legal custody means major decision making with respect to the child’s health, education and religion. Physical custody is where the child resides. For example, a joint legal custody with physical custody with mom means the parties share decisions but the child resides primarily with mom. However, a joint legal and physical custody means both parents share decision making and splits time residing with both parents.

In New York the court determines which parent gets custody by examining the best interest of the children. The court appoints an attorney for the child. Generally, this attorney’s duty is to report the child’s wishes to the court. The court takes into consideration the child’s wishes as one factor in determining which parent the child should reside. For older children (13 and up) the court tends to listen more to the child’s wishes as to which parent the child wants to live with. If one parent receives custody, the other parent gets visitation with the child. The parties also alternate holidays and each parent is entitled to summer vacation with the child.

If you are going through a custody battle, you need an attorney that will aggressively represent your interest all the way. Your attorney must prove to the court that you are an involved parent and the best interest of the children is to reside primarily with you.

Our office is highly skilled with custody litigation and the courtroom experience to advocate for your interest. Call the office to schedule a strategy session for your particular custody case.

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