Child custody can be one of the most emotionally charged aspects of a divorce or family law proceeding. In any child custody or visitation proceeding, the Court’s primary concern is the best interests of the child. There are numerous factors that the Court considers when making a best interest determination. Murgolo & Rutigliano will present the strongest case as to why it is in your child’s best interests to have the parenting plan you want.

There are two types of custody: legal custody and physical (or residential) custody.

• Legal custody determines who can make decisions regarding the child’s health, education, and welfare. Legal custody can be granted to one or both parents.
• Physical (or residential) custody determines with whom the child will reside. Typically, one parent will have an order of sole physical custody and the non-custodial parent will have parenting time, or visitation. A Court may also grant joint physical custody, where a child resides equally in each parent’s home.

A visitation petition is one in which the party filing is seeking a court-ordered visitation schedule with a child. Parents are constitutionally presumed to have a right of parenting time with their children. If you are being unlawfully withheld visitation with your child, Murgolo & Rutigliano will fight to ensure your relationship with your child is preserved and protected.

Grandparents, in certain circumstances, also have the right to file for visitation in both New York and New Jersey with their grandchildren. Murgolo & Rutigliano can assist grandparents in obtaining a visitation schedule that works for you.