After sixteen years of marriage with Mike, and devoting herself to caring for their household, Christine knew their marriage was over. Her conclusion was logical and rational but she had two children, ages 12 and 9, to consider. Where would the children live after divorce? Would she have to deal with Mike? Could Mike get custody of the children? How would she pay for the children’s expenses? Would Mike have the final say about the children since he paid for a majority of their expenses? Christine heard many conflicting answers from her friends. She was worried sick and could not sleep at night.
Divorce is never easy, especially when there are children involved. When parents cannot mutually agree upon their children’s best interests, Courts must determine issues, such as:
- Child Custody: Where the children will live after the divorce?
- Joint Custody or Visitation: How much time will each parent spend with the children and where?
- Child Support: How will the children’s educational, medical, and psychological needs be met?
Divorcing spouses, who once avoided communication with each other, are forced to work together to maintain a sense of stability for their children. Ideally, parents should join together in making these decisions; however, in the real world, it often becomes a tug-of-war between two divorcing parents. Competent and caring legal representation becomes crucial in order to protect a parent’s rights. A competent family law attorney analyzes the law and the facts in order to provide the Court adequate information so that the Court can make correct decisions in the best interests of the children.
One of the most important and far-reaching decisions a Court makes is regarding child custody. There are two types of child custody decisions that Courts must make:
- Residential custody
- Legal custody
Residential custody concerns where the children will live. Generally, one parent is designated as the custodial parent, and the other parent is provided parenting time with the children. If the parents live in close proximity and are able to work with one another, shared residential custody is also an option. This involves having the children alternate between two homes, and attend school and/or camp from these two homes.
Legal custody involves decision-making for the children. While the presiding court may deem one parent the custodial parent, and the other non-custodial, it may also state that both parents have authority over decisions pertaining to the children’s educational, medical and/or psychological needs. The court will determine that both parents have the legal right to receive information from schools and treatment providers, and work together when making decisions. This is called joint (legal) custody.
Courts choose between a variety of custodial arrangements, depending upon the needs of the children, and the parents’ abilities to meet those needs. Since courts take an individualized approach to determining child custody, based upon each family’s unique circumstances, the possibilities are endless.
Once the court renders a judgement regarding custody, it must be followed by both parents. If life circumstances change, a parent can petition for a modification based upon a “substantial change in circumstances.” A recent court decision held that a father’s change in work location from Suffolk County to the Bronx constituted a substantial change in circumstance by which to modify custody because it caused him to be out of the house for extended hours, leaving the children in the care of a babysitter. Bodre v. Stimaitz, 150 AD 3d 1228 (2nd Dept., 2017). The Courts can also consider things like, a change in parents’ availability for the children, serious family conflict, or the children’s stated preference to reside with the other parent.
If you are a parent who needs assistance in voicing your needs and rights to the Court with regard to custody, or seeking to modify a custodial arrangement that currently exists, you need a competent and knowledgeable Family Law Attorney. Rachel Weisman has over twenty-seven (27) years of experience representing clients throughout the New York metropolitan area. Ms. Weisman will evaluate the circumstances of your case, and be your advocate and guide. She is assertive, compassionate and personable, and is well regarded in the legal community. You can trust Ms. Weisman to give your family the care and attention that they deserve, because you and your child should receive nothing less.
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