Custody/Visitation
Issues of custody or visitation rise not only within the context of a divorce or separation, but as an independent proceeding most often commenced in the Family
3505 Veterans Memorial Hwy
Ronkonkoma, NY 11779
Court. The standard utilized by the Courts in determining custody is “the best interests of the child”. In assessing “best interests”, the Court examines many factors, including but not limited to:
1) who has been the primary caretaker
2) the relative fitness of the parties
3) which parent is most likely to foster a relationship between the child and the other parent
4) the quality of the environment each parent can provide
5) the wishes of a child of sufficient age and maturity.
In most cases, the Courts will provide one party with sole custody and thus, the sole right to make all decisions concerning the child and the other parent will be granted rights of visitation or access with the child.
Arrangement in which parents consult with each other and endeavor to reach agreement as to major issues concerning their child, is most often arrived at through negotiations. The use of the term “joint custody,” however, has little to do with the amount of time a child will spend with each parent. The parenting schedule itself is subject to negotiation and in most instances, one parent is deemed the residential custodian.
At Judd & Moss, P.C., we are sensitive to the desire of parents to continue to be active participants in the lives of their children and to the fact that, despite a divorce or separation, both parents continue to have an obligation to complete raising their children.
Relocation
A common issue brought before the Courts are requests by the custodial parent or residential custodian to relocate with the children to a distance that impairs the other parent’s ability to exercise his or her visitation rights. Leave to relocate is not freely given and the Courts utilize the standard enunciated by the New York Court of Appeals in the case of Tropea v. Tropea which sets forth the factors the Court is to examine.
Our attorneys can help assess the viability of a relocation request and guide a client in either presenting their best case to the Court, for or against the relocation.
Judd & Moss, PC
3505 Veterans Memorial Hwy
Ronkonkoma, New York 11779
(631) 981-9110
