Long Island’s Best Divorce Lawyer said this was the appeal of an order of the Family Court which awarded custody to the Petitioner (hereafter the father) with “reasonable visitation” to the Respondent (hereafter the mother) as arranged by the parties. As construed, the order awarded primary physical custody with the father. However, the parties still maintained joint legal custody over the child. The appeal was brought by the mother as she challenged the award of primary physical custody to the father.
A Nassau County Child Custody Lawyer said the standard the Court applies in a custody determination is what would be in the best interest of the child. The Court takes into account such factors as “the parents’ past performance and relative fitness, their willingness to foster a positive relationship between the child and the other parent, as well as their ability to maintain a stable home environment and provide for the child’s overall well-being.” Although the Court acknowledges that both parties are capable and caring there were factors that contributed to its decision. The Appellate Division believed the father’s residence to be more suitable in meeting the standard of best interest in the child. As it states, “the father ha[d] resided in the same residence for years…and is employed full time. The grandmother assists in caring for the child, including while the father works.” However, the mother moved several times in the first year of the child’s life, was unemployed and lacked a reliable support network (admitting that she was subject to domestic violence in her current relationship).
The Appellate Division also addressed the provision of the order concerning the mother’s visitation. The “reasonable visitation” is a flexible provision which is permissible. As long as the parties are able to communicate adequately and arrange suitable visitation, such a provision will stay in effect.
The attorneys at Simonetti & Associates have extensive experience handling child custody cases. So if you are involved in child custody proceedings or have an existing agreement you wish to modify seek at the advice of an attorney at Simonetti & Associates.