Some of the most emotional parts of any divorce involve making a decision on custody. When parents need the court to step in and create a custody arrangement on their behalf, the court has to consider a number of different factors to determine what is in the best interests of the child. First, the court will have to decide whether both parents are fit to care for the child. Most of the time, the court will allow the parents to share parenting time, which is referred to as joint custody. However, if the court feels as though one parent could potentially be a danger to the child, they may only award custody to one parent. This arrangement is known as sole custody. A sole custody award is very rare because the court wants to give the child a chance to have a meaningful relationship with each parent.
Generally, the courts will assess whether the parent has a history of domestic violence, criminal activity, or substance abuse when determining whether they are fit to parent or not. Sometimes, the parent that does not have custody may be able to obtain visitation with their child.
If you have questions about custody in New York, contact our firm today.
The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. 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.