What to Know About Child Custody in New York
Custody is often one of the most difficult matters to settle during a divorce. This is because parents often feel very strongly about what is best for their children and they do not always agree. It is important that your child is in a happy and healthy environment- as a result, New York courts take matters of custody very seriously. Read on to learn more about how child custody will be determined during a New York divorce.
Types of Custody in New York
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?
Often, it is difficult for parents to agree upon what is best for their children. As a result, child custody decisions are often left in the hands of the court. When determining custody, a judge will examine some of the following factors:
- 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 or concerns regarding your custody agreement and determining custody in New York, contact our firm today. We are here to advocate for you and your family.
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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) 342-3575.