Establishing a custody order that works for your family is an important aspect of any divorce. However, many post-divorce couples find themselves in situations where their custody order no longer works for their families. In New York, custody orders can be modified at any time in certain limited circumstances.

Establishing visitation is an important part of any custody arrangement and can be invaluable in fostering family continuity after a divorce or other domestic parting. If you are considering enforcing your visitation rights, a basic understanding of New York visitation laws will help you be better informed of your rights as well as prepare you for your first consultation with a qualified New York family law attorney.

Sometimes in the course of a custody or visitation proceeding, a judge may choose to conduct a Lincoln hearing. Lincoln hearings occur when a judge chooses to hear the testimony of a child regarding custody or visitation preferences, and does so in a controlled environment; only the judge, a stenographer, the child, and the child’s attorney are present. The purpose of maintaining a controlled environment is twofold: first, it prevents a child from undue stress associated with open court testimony. Second, and closely related, it better allows for a child to relate parental preferences and family difficulties.

On April 2, 2014, the Appellate Division of the Supreme Court of New York decided the child custody case of Law v. Gray. In this case, the mother, Shalaine Gray, appealed the decision of the Family Court to grant, without a hearing, fully custody of the child Lawrence Jr. to the father Larry Law. The Appellate Court’s affirmation of the Family Court’s decision provides a good example of both what rules and standards are used by the Family Court and how they are applied.

After a divorce settlement has been reached, including details about child care and visitation, disputes may arise if a former spouse seeks to move for work or quality of life reasons. In all instances, a desire to relocate must first be approved by Family Court.

In determining whether or not to allow a parent to relocate, the Court primarily concerns itself with the well-being of the child.

The New York Court of Appeals, in Tropea v. Tropea, noted that each relocation request must be considered individually, taking into account all of the relevant facts and circumstances to decide what outcome is most likely to serve the best interests of the child. This made clear that while the rights of the parents are significant factors that must be considered, the child's rights and needs must be given the greatest weight.

The Court’s assessment of how relocation will affect the child takes into account questions like: strength of the relationship and attachment between the child and the non-custodial parent, ability for visitation to be maintained, impact on a child’s education and community ties, and potential effect on quality of life. If it is shown that a relocation will not adversely affect the child, a relocation request is more likely to be granted.