Exploring Child Custody Arrangements & Meaningful Consultation

Divorce and child custody are complicated issues with many gray areas. They are rarely black and white. What if they were, though? What if you could put all the emotions aside for a moment and see the light at the end of the tunnel?

The team at Cordell & Cordell is here to tell you that mothers don’t always win in custody cases. Divorce will most likely be one of the most complex life challenges, but trust us when we say that courts only see what’s in black and white, such as bank statements, records of time spent with your children, and other documents. Our family law attorneys aggressively represent dads in New York Courts.

Survivor Story from a New York Dad

Cordell & Cordell has several stories of New York Dads who successfully secured custody of their child. We can’t share those stories with you out of respect for the confidentiality of our clients. However, the following is a story on Reddit about a Dad that is not dissimilar from the experience of our clients.

We want to take a moment to reflect on the Reddit story that inspired this blog and the concept that moms don’t always win because they don’t. In the case titled “Fathers, don’t give up. There is always hope,” our friend in New York dealt with the following scenario.

• Case: His wife is pregnant with another man’s baby and she tried to take their 14-month-old daughter out of state. A court order was issued to keep the child in the state, but his wife still moved with her boyfriend to a new state, leaving the child with the Redditor.
• Trial Period: Over the following months, 6 pre-trial hearings ensue, but no agreement can be reached. The mother seeks custody of the child.
• Outcome: An appointed lawyer successfully persuaded the wife, and they reached an agreement. The court granted full physical custody to the father. The daughter will not be permitted to leave the state until her mother demonstrates active parenting time and video calls, including, but not limited to, a full 5-day in-county visit.

Understanding Parental Rights in New York

“Parental rights” refer to a non-custodial parent’s legal right to spend time with their children based on a court-approved parenting schedule. As a parent, you need these rights to maintain a meaningful relationship with your children even if you do not have primary custody. In the case of the Redditor, his wife has a schedule of parenting time, while he has primary custody.

Custodial Rights vs. Parental Rights

In order to finalize a divorce in New York, the legal and residential custody of any children of the marriage must be resolved (either by way of a court order or an agreement). Legal custody refers to the parent with the authority to make major child-rearing decisions (i.e., those related to the children’s health, education, religion, and general welfare). Such decisions vary greatly from day-to-day decisions, such as whether a child sees a movie with a friend or what the child wears to school on any given day, which are most always made by the parent with whom the child is with at the time.

Upon a divorce in New York, parties will either share joint legal custody or one parent will be afforded sole legal custody. The Reddit story above does not mention legal custody by name. Since the father has physical custody, and the mother must prove her parenting abilities to the court, the father likely also has full legal custody.

Sole legal custody is a scary term for most; however, many settlement agreements and courts will afford the non-legal custodian a voice in the decision-making process despite an award of sole legal custody. Most commonly, a non-legal custodian is afforded a role in the decision-making process by way of “meaningful consultation” or “notification.”

Meaningful Consultation

Meaningful consultation means that before the legal custodial parent makes a major child-rearing decision, such as what high school to enroll a child in, he or she must first consult with and constructively discuss the issue with the other parent.

The ultimate goal is that the parents reach an agreement and implement the agreed upon decision. Although one parent technically has sole legal custody, the other parent still has “a say.”

If the parties cannot reach an agreement, the sole legal custodian has the authority to make the final decision, and that decision will be implemented.

Notification

Another form of consultation is that of affording the non-legal custodian notice prior to the actual implementation of a decision.

In this situation, the legal custodian is not required to discuss the issue with the other parent before making a decision. However, before making a final decision or taking action, such as enrolling a child in a new daycare, the legal custodian must give the other parent reasonable notice of their intention to do so.

During the time between receiving notice and the actual implementation of the decision, the non-legal custodian is afforded a certain amount of time to seek court intervention and/or voice objection to the decision, such as submitting to the legal custodian any materials (articles, fact sheets, etc.) he or she feels supports his or her position.

Once the legal custodian considers the other parent’s objection, he or she may move forward with his or her original decision or make a decision in line with the other parent’s objection. Here again, the legal custodian has final decision-making authority and ultimately makes the final decision, but the non-legal custodian is still afforded a role in the process.

Remember that the New York courts always remain available to intervene when necessary. While a judge will not entertain a frivolous application for intervention or hold a hearing for every decision involving the children, they will intervene when necessary in order to protect the best interests of the children.

Types of Custody Arrangements in New York State

New York has two types of custody arrangements:

• Sole Custody: One parent has primary physical and legal custody of the child, while the other parent may have custodial access.
• Joint Custody: Both parents share physical and/or legal custody of the child, allowing for equal participation in decision-making and parenting time.

How to Get a Parenting Schedule as a Father

To secure parental access as a father in New York, you must understand the legal process and your rights under state law. Cordell & Cordell can assist you in:

• Filing the necessary legal documents to petition for a schedule of parenting time;
• Presenting evidence to demonstrate your ability to provide a nurturing and stable environment for your children;
• Negotiating a custody agreement with the other parent or their attorney; and
• Advocating for your rights in family court.

Why Work With Cordell & Cordell

Cordell & Cordell has decades of experience providing fathers with the legal help they need to obtain child custody orders with parental access. Our firm has high ratings from the Better Business Bureau. Its attorneys have received accolades from professional legal organizations.

Client Experience

“I hired Cordell and Cordell because they represent men. I was not disappointed. Adam Onkels kept in constant contact with me, day and night, even on Sundays. He answered all my questions and put my mind at ease. His professional representation in court blew my ex’s attorney out of the water. Got the judge and the GAL on my Side. Ultimately, I got the placement of my little girl, and that is all I wanted; the best money was spent to keep my little girl in a safe and loving environment.” — Miguel G.

“So far the service has been A+ and I am extremely satisfied.” — Elvis T.

Damian A.: “The whole team from Cordell and Cordell did an amazing job on my case! They all went above and beyond, and I will be forever grateful! [I] recommend their services!” — Damian A.

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Dads Win Too. Assert Your Rights With Cordell & Cordell

The New York family law attorneys at Cordell & Cordell work tirelessly to obtain parental access for fathers in child custody disputes. To learn more about what the firm can do for you, call 866-DADS-LAW (323-7529) or fill out the online contact form.