NY family law attorney Russel Morgan, Esq. explains how custody and visitation is determined in New York. He remarks that custody is determined based on the best interests of the child. Visitation, on the other hand, applies when there is already an existing order or when the parties are not disputing who the custodial parent is—the parent with whom the child primarily resides. Visitation specifically establishes a schedule that allows the non-custodial parent to spend time with the child or for the child to visit the non-custodial parent.