An In-Depth Look at Child Custody and Visitation

A child waiting for her parent to visit

Navigating a divorce while co-parenting can be a daunting process. Whether you’re planning to get a divorce or are currently in the middle of legal proceedings, we advise you to learn all about child custody and visitation laws. 

Child custody has always been a delicate yet complex issue in many separated families across the US. And like most family laws cases, divorce cases drive a couple onto different paths while leaving children confused. 

Always try your best to curate a mutually beneficial child custody plan that doesn’t impact your child significantly. And to do so, you’ll need to consider a reliable corporate law firm in NY.

In this blog, we’ve discussed child custody and visitation in detail. So let’s dive into it.

Court’s Say in Child Custody Matters

Oftentimes, divorced couples are unable to reach a mutually acceptable conclusion to child custody arrangements. This is where adept legal professionals, process servers, and the court comes in. If you’ve failed to allocate custody and visitation rights with your partner, the court will decide the final arrangement.

A process server busy at work

At this point, having a process server in NY can help you manage court order/decision, order of protection, and child support and visitation petition and summons. There are two types of child custody outcomes:

  • Sole legal Custody

Under sole custody, one of the parents is granted the legal, sole right to make all the big and small decisions for the child. They’re allowed the authority to be in charge of their child’s education, religion, and healthcare-related matters.

  • Joint legal Custody

Joint legal custody extends equal rights to both partners for decision-making and sharing custody of their child. However, joint legal custody can be shared with or without having physical custody.

Factors that Affect a Court’s Child Custody and Visitation Decisions

Courts always keep a child’s best interests their top priority when coming out with child custody and visitation decisions. Some of the most common factors judged by the court include a child’s age, gender, and health. The court also assesses a couple’s financial standing, lifestyle, status quo, and mental/physical health. 

Both partners also have to steer clear of any bad habits such as alcoholism, drug addiction, rash aggression, and negative social commitments that can affect their child. What’s more, a court may also consider a child’s preference to live with one of their parents. 


After a child custody case is sorted, the next important thing to navigate is visitation rights. Visitation is divided into supervised and unsupervised categories. In the first, the court may order that an adult other than the parent must accompany the visits. This could be a grandparent, an uncle, aunt, or even a court-ordered person.

On the flip side, unsupervised visits don’t require a third party for supervision.

Elite Legal Services of NY Inc. is a leading professional process server agency in New York. We have been providing same-day process services for over 18 years. Our law firm can help clients with divorce, landlord and tenant, and family court cases.

For more details, contact us right away!

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