Custody and Visitation Schedules - Guidelines and Laws in New York

The state of New York takes domestic relationswant to be involved, joint custody may be the right
issues very seriously. Chapter 14 of the New Yorkoption for them.
Consolidated Laws contains the crucial laws thatChapter 14 gives the state of New York authority
govern domestic issues. Under this umbrella of laws,over child custody matters. This means that the
the state has included necessary guidelines and rulesstate court can determine the custody and visitation
about child custody. These are the laws that governschedule along with other custody arrangements. It is
how a mother and father should make their custodybest if the parents can work together to make a
and visitation schedule, and also how that schedule isschedule and submit it together to the court.
accepted and enforced by the court. It is absolutelyHowever, if that isn't a possibility, this law gives the
necessary that a parent involved in a custodypower to a judge to make the final decision. Each
situation learn these laws and be familiar with them.parent will have the opportunity to present a
Here is an overview of the rules that impact theproposed schedule to the court and explain why it is
custody and visitation schedule.in the child's best interest.
The Social Services Law in the New York FamilyThe state has specified that the judge must make
Code specifies that the mother and father have anany child custody decision with the child's best
equal right to custody of the children. Neither parentwelfare in mind. Some of the factors the judge will
is given a preference because of their gender, nor isconsider when determining what is in the child's best
either parent denied custody because of their gender.interest are: the parenting skills of each parent, the
New York gives parents an option to have jointrole each parent played before the separation, the
custody if that is in the best interest of the child.preference of the child, the relationship between the
Joint custody means that each parent has substantialchild and parents and siblings, if there has been a
time with the children, but it doesn't mean that thehistory of domestic violence, if the parents are able
parents have exactly equal time with the children.to get along, etc.
The mother and father also share legal responsibilityOnce the judge has made a decision about the
of the children in joint custody.custody and visitation schedule, it becomes a legal
The Social Services Law is very pertinent to parentsdocument and is valid under New York law. This
who are setting up their custody and visitationmeans that the parents must follow the terms and
schedule. The base of this schedule is the division ofconditions in the schedule. Failure to do so can result
custody. Parents should select the custodial parentin being held in contempt of court.
based on what is best for the child. If both parents