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Susan E. Rizos, Esq. 22-55 31st Street, Ste. 206B Astoria, New York 11105
Phone: 718-777-5750 Fax:
718-777-5756 info@rizoslaw.com
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CustodyWhen we talk about custody, we refer to both physical and legal custody. Physical custody is exactly what the name implies - who will the children live with or physically reside with?
There can be sole or joint physical custody. Legal custody refers to who will have the
decision making power or the ability to decide issues concerning the children such as education, health, religion, etc.
Again, legal custody can be sole or joint. Often times, one party has sole physical custody (meaning
the child resides permanently with one party and sees the other party for visitation) and both parents enjoy joint legal custody
(meaning they make decisions together concerning the child).
Generally, custody is agreed upon by the parties and the terms of the agreed upon arrangement are incorporated
into a settlement agreement or Stipulation of Settlement. Where the parties cannot agree on custody, the matter may
have to be decided by a Judge at trial. It must always be remembered that the issue of custody is determined based on
what is in the best interests of the child or children. There is no set rule like custody always goes to the Mother
or the party who makes the most money. The Court will look at numerous factors that impact the child's physical,
emotional, educational, social and psychological needs and development. Joint custody
arrangements, whether physical or legal, require committed parents who are able to cooperate fully with one another.
Spouses who are unable to talk and discuss things amicably or where one party is manipulative or overly dominating of the
other will not be good candidates for joint custody. Also, when considering joint physical custody, the distance of
the parents' homes and the need for stability for the child must be thought about. It is extremely important for
a child to develop social friendships and participate in extra curricular activies, etc. This may be impossible if the
child is being shuttled from one home to other. It is for this reason that usually 50/50 arrangements are frowned upon
and a typical joint physical arrangement gives one parent at least seventy percent of the time with the child.
Visitation (Parenting Time)The noncustodial parent has a right to have uninterrupted parenting
time with the child or children. Typical visitation arrangements include overnight visits, holidays and vacation weeks.
Commonly, the noncustodial parent will have the right to visitation with the child every other weekend, alternating holidays
and for two weeks during the Summer. Of course, visitation arrangements can be much more creative and include more or
less time if the parties can agree. Some cases require much less liberal visitation arrangements
like those which involve abuse or neglect, where it will be necessary that visitation be supervised and not include overnights
or week long stays. One parent cannot withhold the child from visiting with the other.
Often times where child support payments are late, the custodial parent will deny visitation to the noncustodial parent.
This is not allowed and will be considered a violation by the Court. If you are not receiving child support, you must
take action to obtain assistance with enforcement services - not refuse access to the child. The parent who exercises
visitation cannot violate the terms of the arrangement either. In other words, he or she cannot keep the child for longer
periods, show up late, change the days and times, take the child out of state, etc. unless the custodial parent has agreed
to such changes. If any changes are being made on a permanent basis, it is in both parties interests to get a new agreement
in writing so that the terms are clear to all parties. This avoids misunderstandings, needless violation petitions haveing
to be filed and confusion for the children involved.
Custody and visitation issues are complex and highly emotional. Parties in the throws of a heated
divorce must take precaution to remember not to use their children as pawns and to keep in mind what would be truly best for
the children in terms of custody and visitation. Often times, parties think they gain leverage against one another in
financial negotiations by refusing to agree to a custody or visitation arrangement that ultimately they know is the for the
best. There are a host of issues which may arise even in the best situations. For
example, following a divorce, the custodial parent may wish to remarry and relocate with his or her new spouse. The
noncustodial parent's rights cannot be ignored. Relocation of the custodial parent is the source of much litigation
when the relocation will impact the noncustodial parent's visitation arrangement. If you are presently dealing with
a relocation issue, you are advised to call the office and set up a consultation with the attorney.
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