New York City Child Custody and Visitation Lawyer Juan Luciano Discusses Joint Physical Custody in New York

August 20, 2025 at 17:44 PM EDT

New York City child custody and visitation lawyer Juan Luciano (https://divorcelawfirmnyc.com/what-is-joint-physical-custody-in-new-york/) is providing important guidance to parents navigating the complexities of joint physical custody arrangements in New York. In a recent discussion, Luciano explained that the state has no automatic presumption that custody will be split evenly between parents, making it essential for separating couples to understand how the courts evaluate such decisions.

Juan Luciano, a seasoned New York City child custody and visitation lawyer, emphasized that custody cases center on the best interests of the child rather than the preferences of either parent. “This is a couple’s opportunity to hammer out custody arrangements that work best for them mutually and independently,” Luciano said, noting that a detailed custody agreement helps avoid future disputes. His goal is to help parents find a resolution that prioritizes stability and the child’s well-being while reducing conflict.

As a New York City child custody and visitation lawyer with decades of legal experience, Juan Luciano has built a reputation for resolving disputes with a balance of strategic advocacy and compassion. He explained that joint physical custody does not necessarily mean a 50/50 living arrangement. Instead, the specifics often depend on the convenience for both parents and the needs of the children. In cases where agreement is not possible, the courts evaluate multiple factors, including each parent’s caregiving skills, the child’s primary residence history, and the likelihood of fostering a positive relationship between the child and the other parent.

Luciano detailed that in New York, “residential custody” determines where a child primarily lives, while the noncustodial parent is typically granted visitation rights. Equal time-sharing is less common due to practical challenges, such as school schedules and transportation logistics. The court also considers emotional bonds, mental and physical health, and work commitments when determining custody.

A unique feature of custody cases in New York is the appointment of an Attorney for the Child (AFC) when parents cannot agree on an arrangement. The AFC acts solely as the child’s legal advocate, ensuring their preferences are heard while also protecting them from harm when necessary. Luciano noted that judges often place significant weight on the AFC’s recommendations, which are informed by regular communication with the child, consultation with professionals, and a thorough review of the case.

Luciano stressed that prolonged custody battles can have lasting negative effects on children, urging parents to resolve issues without escalating disputes in court whenever possible. “Children suffer more damage the longer and harder the divorce battle is,” he explained, underscoring the importance of prioritizing cooperative solutions. He advises that legal representation should focus on mediation and negotiation to reach a fair agreement rather than relying solely on litigation.

Through his Midtown Manhattan and Bronx offices, Juan Luciano works with families across New York City to craft custody arrangements that suit their unique circumstances. His approach combines in-depth knowledge of family law with a commitment to ensuring that children have a meaningful voice in proceedings and that their best interests remain central to all decisions.

Parents facing custody decisions are encouraged to seek professional legal guidance early in the process. Understanding the nuances of New York custody law, preparing a strong case, and fostering constructive communication between parents can make the difference in reaching a stable, lasting arrangement.

Juan Luciano continues to advocate for outcomes that protect children’s emotional and physical well-being while helping parents move forward. His focus remains on achieving fair resolutions without unnecessary court intervention, ensuring that families can rebuild with minimal disruption to their children’s lives.

About Juan Luciano Divorce Lawyer:

Juan Luciano Divorce Lawyer is a New York City law practice dedicated to guiding clients through family law matters, including child custody, divorce, and domestic relations. Founded in 2013, the firm offers representation tailored to each client’s needs, with offices in Midtown Manhattan and the Bronx. Attorney Juan Luciano is certified to represent both children and adults and is committed to helping families navigate complex legal issues with compassion and strategic advocacy.

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Website: https://divorcelawfirmnyc.com/

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Phone: (212) 537-5859
Address:347 5th Ave #1003
City: New York
State: New York 10016
Country: United States
Website: https://divorcelawfirmnyc.com/

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New York City Child Custody and Visitation Lawyer Juan Luciano Discusses Joint Physical Custody in New York

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