No two custody matters are going to be the same because no two families are the same.  What all custody matters do have in common is that they can be extremely emotional for the parents and the children alike.  Attorney Ross S. Gelber works to help his clients reach custody and visitation solutions that you want and that is in your child’s best interest.

The two forms of custody in New York are legal custody and residential custody.  Legal custody refers to the decision making power for the child as it concerns to the child’s health, education and general well being.  Legal custody can be granted to both parents called joint custody or to one parent individually known as sole custody.  Joint custody is typically preferred when the parents can work amicably and communicate well regarding issues that affect the child.  In situations where parents fundamentally disagree on all matters and have an acrimonious relationship the Court will generally select one parent to have the sole decision making power.  The Court will use its “best interest” standard in deciding which parent to grant sole custody.

Residential custody refers to the child’s physical residence.  It is not required that either parent be designated as the residential parent, but that parent with access for more than fifty percent of the time is going to be the de facto residential parent.

For more information please contact Ross S. Gelber at 716-632-5919 or by email at