What factors decide custody?

What factors decide custody?

There are many factors that must be determined when a couple who has children together decides to get a divorce, one of which being child custody. Matters that involve children are usually the more difficult and emotional ones in a divorce because one parent may go from seeing their child every day to only seeing them a few times a month.

There are a lot of factors that the court will take into consideration when deciding which parent will have custody of the children. They will always make their decision based upon what is in the best interest of the child. These factors may include the relationship between the parent and the child, which parent will take overall better care of the child, the quality of each parent’s living situation, the age of the child, and who the primary caregiver has been throughout the course of the child’s life.

Some parents wonder whether or not their child’s opinion matters much when the custody decision is made. They may think that if a child tells the court that they want to live with one parent over the other it will have an impact. This is generally only the case when the child is a teenager and are old enough to make important decisions on their own. If a five year old says that they want to live with one parent and not the other, it won’t really have much of an effect because they may ultimately be choosing the parent who would not care for them as well without realizing it.

If you have questions about child custody, it is important that you speak with an experienced divorce and family law attorney who can assist you.

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. 

Read Our Latest Blog Posts

  •  Does New York Have Permanent Alimony?
  •  Can Children Express Preference in New York Custody Proceedings?
  •  What Should My Prenuptial Agreement Cover?