Carton & Rosoff PC-Attorney at Law

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Custody and visitation are two different decisions

Raising children in New York can be an adventure. There are many issues that arise while parents raise their children and the different stages of a child's life result in different complications. However, there are two main things that parents do for their children. There are decisions that need to be made and parents also need to spend time with their children. The decisions include medical decisions, deciding where children will go to school and many other decisions. The other main thing is spending time with the children which can include many, many different activities.

These aspects of parenting are important whether the parents are together or not. However, when parents separate, which parent makes the decisions and when each parent see their children are usually determined by child custody orders. There are two different aspects of a custody order. There is the custody determination which states which parent will make the decisions for the children and the visitation determination states when each parent will see the children.

The factors used to make both of these determinations are similar and based on what is in the best interests of the children. However, they are two separate decisions. If one parent does not receive custody, that non-custodial parent still generally has visitation with their children. This visitation order stands by itself and the custodial parent cannot interfere with the visitation order. If they do, even though they have custody, they can be found in contempt of court.

There are many people in New York who have child custody orders. The purpose of them is to ensure that the best interests of the children are met. This means that the proper parent must be put in charge of making decisions for the children and that both parents are able to still have them in their care. Both aspects are important for the children and that is why the two are separate decisions and both must be followed. Experienced attorneys understand how these important decisions are made and may be able to guide one through the process.

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Carton & Rosoff PC
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White Plains, NY 10601

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