Child Custody in New York | What to Know

Child Custody in New York | What to Know

child custody holidays

A divorce can be a difficult and emotional process. Things become even more complicated when young children are involved. In fact, child custody is often the most contested matter of a divorce. Parents feel very strongly about what is best for their children, and it is easy to disagree. If you are getting a divorce, make sure to educate yourself about Nassau County’s child custody procedures. Read on to learn more.

Types of Custody?

The two main types of custody are physical and legal custody.

Physical custody is awarded to the parent with whom the child will spend the most time. This is the child’s main residence. In some cases, the parent with physical custody may be awarded child support. In other cases, parents will work to split the custody equally, resulting in shared physical custody.

Legal custody is a parent’s right to make important decisions in the life of the child. These decisions may include education, religion, and medical issues, among other things. Legal custody is not dependent on physical custody and can be awarded to one or both parents.

New York State believes a child benefits from having some form of relationship with both parents. In rare cases, if a parent has been deemed unfit, the fit parent will be awarded sole custody.

Who Gets Custody?

There are a lot of stigmas surrounding child custody. For example, many people incorrectly assume gender plays a role in custody decisions. The reality is, custody is complicated and every family is different. Some couples can work out a custody agreement amongst themselves, or with the help of a mediator. Other couples cannot agree and will need the court to make decisions regarding custody. If a New York court is making a custody decision, they will take the following factors into account:

  • The parents’ willingness to accept custody
  • Any history of domestic violence and drug/alcohol abuse
  • The safety of the child
  • The preference of the child, if of sufficient age
  • The relationship of the child with his/her parents and siblings
  • The child’s needs
  • The stability of the home environment
  • The quality and continuity of the child’s education
  • The physical and mental health of each parent
  • The geographical proximity of the parents’ homes
  • The parents’ employment responsibilities and lifestyles

If you have any questions about child custody in New York, reach out to The Pollack Law Firm, P.C.

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 22 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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