New York Child Custody Attorneys Martin Mohr and Ethan Steward Explain the Difference Between Child Custody and Visitation
June 28, 2022 at 15:40
New York child custody attorneys Martin Mohr and Ethan Steward release a new article (https://www.newyorkfamilylawgroup.com/practice-areas/child-custody-visitation/) explaining the differences between child custody and visitation. The lawyers mention that child custody and visitation are often the most contentious issues in a divorce. For divorcing parents, their main priority should be making the best decisions concerning the welfare of their children.
“There are two distinct forms of child custody: physical custody and legal custody. Legal custody refers to which parent has the right to make “major decisions” about the child’s life, such as healthcare, schooling, religion, and so on. New York courts typically presume that parents will share “joint legal custody” and make these decisions together. But in some cases, one parent may be given sole legal custody on a case-by-case basis,” the article from the New York child custody attorneys say.
Attorney Martin Mohr explains that physical custody is separate from legal custody. Physical custody usually refers to the parent who has the responsibility for the child’s physical needs such as food and shelter. The term physical custody can also refer to the time each parent spends with the child.
Family law attorney Ethan Steward adds that in joint physical custody, each parent shares equal time with their child. If the child is living with one parent for more than 50% of the time, that parent is referred to as the primary custodian or the physical custodian. The other parent will then have “parenting time” or “visitation” rights set forth by the court.
In the article, the lawyers add that child custody is based on the best interest of the child. There are a lot of factors to consider, like the child’s preferences, the income of both parents, the home environment, and other details surrounding the child’s well-being. If the parents have an agreement and the court approves, this can also be one way to determine child custody.
According to attorney Mohr, “The typical requirement for modifying a custody order is showing a “substantial change in circumstances” for one parent or the child since the custody agreement was established. In addition, some custody orders can be modified without going back to court if the parties agree to the modification. A substantial change in circumstances is something one or both parents could not anticipate at the time the order was issued.”
Lastly, the lawyer emphasizes the importance of having a skilled child support attorney when dealing with matters such as child custody and visitation. A skilled lawyer may be able to help the parents understand their roles and responsibilities in the divorce and help them come to a favorable agreement.
About New York Family Law Group
New York Family Law Group is founded by attorneys Martin Mohr and Ethan Steward. Combined, the lawyers have over 30 years of experience in dealing with New York family laws. They aim to give their clients skilled representation and educate them about their rights while navigating the complicated terrains of family law-related matters. Contact them today at 718-293-1542 to schedule a consultation.
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