Child Custody in New York | Here’s What to Know

Child Custody in New York | Here’s What to Know

It is important to recognize child custody options in New York, and how a court comes to these arrangements. Read on to learn more and reach out to our skilled Nassau County child custody attorney. The Pollack Law Firm, P.C. is here to help you.

Joint v. Sole Custody

Keep in mind that joint custody and sole custody are used to determine the child custody arrangement. Essentially, each of these means the following:

  • Joint custody- shared by the parties
  • Sole custody- awarded to one parent

Depending on the child’s circumstances, sole custody may or may not provide access to the other parent. Sole custody is infrequent. It may be granted to one parent when the other would pose a threat to a positive and healthy upbringing. Joint custody is typically thought to be the desired arrangement as it reduces the feeling of loss often felt in a divorce and permits both parents to be an essential part of their child’s life. In order for joint custody to work well, parents need to have a level of mutual respect and positive contact.

Legal v. Physical Custody

Depending on the living situation of the child, legal and physical custody must be decided by the court in contested matters. The parent with legal custody has the freedom to make major decisions about the child. This can involve education, religion, and medical treatment. The parent with physical custody resides with the child for the majority of the time. These parents are occasionally called “custodial parents” or “primary caretakers.” Our firm recommends that our clients aim for legal custody in order to keep the parental relationship.

What factors does a New York court consider when making child custody determinations?

There are a number of different factors that a court will consider when determining custody arrangements. Some of these factors include the following:

  • Older children’s preferences and desires
  • The age of the child
  • Who has been the primary caregiver
  • The quality of each parent’s homes
  • How proper it would be for the child to remain with the primary caregiver
  • The history of support by both parents
  • The physical, emotional, and financial care of the child and the emotional and physical health of the parents

In most contested cases, an attorney will be selected for the child in order to make sure that the child’s best interests. If the parents are unable to reach an agreement on a child custody arrangement, the state-appointed attorney will step in as the legal voice of the child. The attorney will question the child and speak on his or her behalf.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 25 years, is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.

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