Perhaps the most challenging aspect of divorce is establishing a new residence. Parents embroiled in an uncomfortable legal battle may find it difficult to agree on what’s best for their children. When you’ve found yourself in this situation, or you’re unsure of your child custody and visitation rights, contact the family law firm of Brian D. Perskin & Associates P.C.
There are multiple ways a parent or parents may retain legal custody of their children. Sole legal custody refers to one parent retaining the legal authority to make decisions on a child’s behalf, extending to a child’s education, health care, and even religious upbringing. Joint legal custody occurs when both parents are granted the authority to make decisions on the child’s behalf; it is possible for family court to award joint legal custody to both parties without awarding joint physical custody.
Physical custody is often the most sought-after aspect of parental rights. As the name implies, physical custody refers to where the child or children reside. When sole physical custody is awarded to one parent, the child will reside in one location, and when it is determined that joint physical custody is the best option for the family, the children will spend as equal an amount of time as possible in each parents’ residence. How this is decided (days/weeks/months) is determined by individual cases.
In the event of sole physical custody, the other parent often retains significant, or “generous,” visitation rights. In addition to spending time with the child or children, the non-custodial parent frequently receives the ability to have overnight, or sleepover visits when deemed appropriate by the court. These overnights may occur in the primary residence, or in the non-custodial parent’s home, provided space and ample amenities are available.
To learn more about custodial and visitation rights from the best family law attorney in the New York area, contact the law offices of Brian D. Perskin & Associates P.C. today. For more information on child custody and divorce, call (212) 355-0887 or visit the firm’s website.