Legal Question in Family Law in New York

A mother's rights to custody and visitation are no greater than a father's rights to custody and visitation. Only a court can determine custody and visitation rights. The courts will presume joint custody (joint decision making), absent a compelling reason to deny it. However, the courts will fashion a parenting schedule that will allow both parties to spend significant time with the child, as it is believed that this is usually in the best interests of the child, absent a significant reason for denying such a request. However, the family court may not award you substantial parenting time with the child unless you strongly advocate for yourself or have legal representation who can do so on your behalf.