When two parents are going through a custody battle over their child or children, the court will be responsible for determining which parent will be the custodial parent and which will be the noncustodial parent. There are a number of different of factors that are taken into consideration when trying to make a decision on custody. One of the major factors when determining factors is the age of the child.
One reason that the age of the child may influence the custody agreement is because an older child who is capable of making informed decisions on their own may tell the court that they want to live with one parent over the other. On the opposite end of the spectrum, when the child is very young, under the age of two, the courts generally will give the child’s mother physical custody. The argument in this situation is that such a young child may need to rely on the mother for sustenance and other maternal instincts. However, the court will always do what is in the best interest of the child. In some situations, the parent that is in the best interest is the father. Of course, it all depends on the particular circumstances that each parent is facing. A child over the age of two has a far more equal chance of either parent being granted custody.
If you have questions regarding custody in New York State, contact an experienced family law attorney today.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.