When a couple that has children decide to end their relationship, whether by separating or divorcing, they’ll have to determine custody and visitation. Because each state handles child custody differently, it's wise to review family laws in your state with an attorney before proceeding. If you reside in New York, here’s what you should know about custody and visitation, subject to full consultation with counsel. 

The Different Types of Custody

New York recognizes both legal and physical custody. The former refers to a parent’s ability and/or rights to make major decisions about their children, like those regarding their education, religious upbringing, and medical care, training, etc. In many cases, both parents are awarded joint legal custody, so they must consult with each other regarding such decisions. 

Physical custody or placement on the other hand, refers to where the child lives. Family law judges try to share physical custody whenever possible, as it’s usually in a child’s best interests to spend time with both parents. However, one parent will usually have primary physical residence or placement due to logistical and practical reasons. 

Child Support & Visitation 

In New York, generally the parent who either has primary physical residency, or, in a true shared arrangement, earns more money than the other, is designated the non-custodial parent. Under family law, support obligations are based on a percentage of the party’s gross income, split proportionately. It’s important to note that child support and visitation are entirely separate arrangements, and the custodial parent cannot keep the noncustodial parent from the children if he or she falls behind on support obligations. 

If both parents have the children for an equal amount of time (50/50), the lower earner is considered the custodial parent. As such, the higher earner will have to pay child support. However, the couple may opt to waive support obligations or deviate from the formula, because the children are living with each of them the same amount of time.  

If you’re facing a custody battle in New York—or you want to modify an existing order—turn to Rochester’s Thomas A. Corletta, Attorney & Counselor at Law. Backed by nearly four decades of experience in Monroe County, this family law attorney knows how to resolve even the most complicated disputes. Plus, he personally handles every case and does not delegate. To start building your custody case, reach out online or call (585) 546-5072.