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Child custody laws can be complex and confusing. Without a basic understanding of family law, it will be difficult to approach your case wisely. Seek legal counsel to make sure your rights are protected. Before seeing a lawyer, however, it’s worth familiarizing yourself with the basics of child custody cases.

FAQ About Child Custody in New York

What is the difference between physical and legal custody?

All child custody cases must address the physical and legal aspects of the case. Physical custody refers to which parent the children will live with for the majority of the time. The parent that has the children more than 50% of  the time is referred to as the primary custodial parent. Legal custody determines whether one or both parents will be authorized to make decisions regarding education, medical care, and religion on the children’s behalf. 

If a parent refuses to pay child support, do they still get visitation rights? 

Child support and visitation rights are viewed as two separate matters in family law. Paying support is not a requirement for spending time with the children. Additionally, it is within the court’s discretion to suspend or cancel a support order if one party interfered with the visitation arrangement. 

Do grandparents have custody or visitation rights? 

family lawNew York law does not automatically give grandparents visitation rights. However, it is one of the only states that gives grandparents the opportunity to petition the family law court for visitation rights. They need to show that it’s best for the children for them to have a relationship with them. If the biological parents can’t take care of the children, the court may grant custody to the grandparents. 

Can a child custody order be modified?

A custody order in New York can be modified if the proper criteria are not met. The parent who wishes to modify the order must show there has been a substantial change in circumstances since the order was put into place. The court will review this and decide what is best for the children. 

 

If you’re dealing with a child custody case, contact Cheryl A Beverson, Attorney At Law. Offering more than two decades of experience practicing family law in Orange County, NY, she knows how much is at stake when it comes to child custody cases and will go the extra mile to protect your parental rights. You can count on her to advocate for what’s best for you and your children. Call (845) 341-0008 to schedule a consultation, or visit her online for more information on the legal services she provides. 

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