Custody/Visitation

In New York the court determines which parent gets custody by examining the best interest of the children. The court appoints an attorney for the child. Generally, this attorney’s duty is to report the child’s wishes to the court. The court takes into consideration the child’s wishes as one factor in determining which parent the child should reside. For older children (13 and up) the court tends to listen more to the child’s wishes as to which parent the child wants to live with. If one parent receives custody, the other parent gets visitation with the child. The parties also alternate holidays and each parent is entitled to summer vacation with the child.

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