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Rosenthal & Markowitz

Westchester County Divorce & Probate

Call914.347.1292

  • About
    • Get to Know Our Firm
    • Linda Markowitz
    • Kathy N. Rosenthal
    • Sherry A. Bishko
    • Of Counsel
  • Divorce
    • Divorce Overview
    • Mediation
    • Collaborative Divorce
    • Litigation
  • Family Law
    • Family Law Overview
    • Child Custody
    • Child Support
    • Orders of Protection
  • Wills, Trusts, Estates
    • Wills, Trusts, Estates Overview
    • Estate Planning
    • Estate Settlement
    • Pre & Post-Nuptial Agreements
  • Real Estate
  • Blog
    • News
    • Articles
    • Videos
  • Contact Us
  • About
    • Get to Know Our Firm
    • Linda Markowitz
    • Kathy N. Rosenthal
    • Sherry A. Bishko
    • Of Counsel
  • Divorce
    • Divorce Overview
    • Mediation
    • Collaborative Divorce
    • Litigation
  • Family Law
    • Family Law Overview
    • Child Custody
    • Child Support
    • Orders of Protection
  • Wills, Trusts, Estates
    • Wills, Trusts, Estates Overview
    • Estate Planning
    • Estate Settlement
    • Pre & Post-Nuptial Agreements
  • Real Estate
  • Blog
    • News
    • Articles
    • Videos
  • Contact Us

Child Custody

Child Custody

The most important decision that parents who are divorcing must make is who gets custody of the children. Even in a contentious divorce, the interests of the children should be at the forefront for the parties. New York law expects that, in most circumstances, both parents shall have the responsibility of bringing up their children and should work together to establish a parenting plan that works for everyone: parents and children. There are different ways that custody can be structured. If the parents cannot agree on a plan, the Court will order custody according to what it determines is in the best interest of the children.

Physical Custody: Primary or Joint

The parent who has primary physical custody, also known as residential custody, is the parent with whom the children live for the majority of the time. That parent is responsible for the daily physical care and supervision of the children.

The judge may grant the parents joint physical custody. This means the children live close to 50 percent of their time with each parent. The parent in whose home the children are living with at the time is the parent responsible for the physical care and supervision of the children.

Legal Custody: Sole or Joint

The parent who has legal custody of the children is the one who has the right to make major decisions about the children’s care, including the medical care they receive, their religious upbringing and their educational choices.

If the parents have joint legal custody of their children, they will make important decisions about the children together. This includes decisions regarding education, health care and religion. This is true no matter which parent the child lives with.

If one parent has sole legal custody, that parent has the right to make major decisions for the child without consulting the other parent.

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MEET THE ATTORNEY

Linda Markowitz, Partner

Linda Markowitz

Linda Markowitz practices Matrimonial and Family Law as well as Estate Planning and Probate and Estate Settlement and Residential Real Estate . She also practices Collaborative Law in addition to negotiating successful resolutions for her clients in a more traditional negotiation process, and litigation of matrimonial and family court matters.

MEET THE ATTORNEY

Linda Markowitz, Partner

Linda Markowitz

Linda Markowitz practices Matrimonial and Family Law as well as Estate Planning and Probate and Estate Settlement and Residential Real Estate . She also practices Collaborative Law in addition to negotiating successful resolutions for her clients in a more traditional negotiation process, and litigation of matrimonial and family court matters.

MEET THE ATTORNEY

Linda Markowitz, Partner

Linda Markowitz

Linda Markowitz practices Matrimonial and Family Law as well as Estate Planning and Probate and Estate Settlement and Residential Real Estate . She also practices Collaborative Law in addition to negotiating successful resolutions for her clients in a more traditional negotiation process, and litigation of matrimonial and family court matters.

MEET THE ATTORNEY

Kathy N. Rosenthal, Partner

Kathy N. Rosenthal

Kathy N. Rosenthal practices almost exclusively in the areas of Estate Planning, Probate and Estate Settlement and Residential Real Estate. For 18 years she taught Wills, Trusts & Estates as an Adjunct Professor of Law at Pace University School of Law, earning the Adjunct Professor of the Year Award for 4 consecutive years.

MEET THE ATTORNEY

Sherry A. Bishko, Partner

Sherry A. Bishko

Sherry A. Bishko continues to work with firm as a full time Partner, working on matrimonial, estate planning and estate settlement matters. She was appointed to the Tuxedo Park Planning Board. She previously worked for the EPA and is on the Board of the Westchester Women’s Bar Association, and is a member of the Orange County Bar Association and the Orange County Women’s Bar Association.

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From The Blog

Divorce Questions – Am I Entitled to Child Support and Spousal Support?

Almost every divorce client will ask whether they will be entitled to child support or spousal support. These are two separate questions and New York law deals with them separately. Child Support New York state has guidelines that establish how much money is required for child support. Child support depends on the family income. In […]

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Rosenthal & Markowitz, LLP
399 Knollwood Road, Suite 107
White Plains, NY 10603
Call914.347.1292

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