Child Custody, Visitation and Parenting Plans

Following divorce or the breakup of a relationship, the most important aspect of the couple’s separation is where and with whom the children will live, how their emotional and physical needs will be met and how to ensure that both parents play an active role in making decisions for the children.  Ms. Daniels understands that these decisions are very complicated and emotionally charged and she can provide you with the guidance you need to work through your options.  Child custody and visitation can be negotiated or litigated as part of a divorce or as a family court matter.  Ms. Daniels is experienced in filing custody/visitation petitions or modifications of agreements or orders in Family Court or negotiating or litigating custody in Supreme Court as part of a divorce or post-divorce matter.

Based on the unique needs of each family, there is a variety of custodial and parenting plans that can be put in place.  Some families choose primary physical custody with one parent and liberal visitation with the other parent, with both parents maintaining legal custody of the children.   Other families may choose joint physical and legal custody of the children, with the children moving between both households an equal or close to equal amount of time.  This type of arrangement is manageable when both parents live close to one another and have an amicable relationship so that they can communicate regularly about the children’s needs.  Some families may require an arrangement where one parent is both the physical and legal custodian of the children.  Ms. Daniels will explain how each arrangement differs and offer recommendations as to which method is best for your family.

New York law establishes that the best interests of the children shall govern decisions regarding custody and parental access.  When parents agree on how to care for their children after a divorce, then it is assumed that the agreement is in the best interests of the children and Ms. Daniels can negotiate a parenting plan or visitation schedule that works for the family.  When parents do not agree, Ms. Daniels’ extensive experience in working with families in crisis can help you to place your child’s needs above your own and to see the effects of parental discord on the children.  In recognizing the emotions involved with decisions regarding the care of children, Ms. Daniels is able to work with you and the other parent’s attorney towards an agreement that ensures that your children will experience the best of what each parent has to offer them.   When settlement is not possible, Ms. Daniels is experienced in litigating child custody matters to ensure the best outcome for your children.