How is child custody determined?
Arguably one of the most contested matters in any divorce is that of child custody. For many parents, the idea that they will not see their child every day can be devastating and therefore, long custody battles are not uncommon. Parents often wonder how exactly the court will make the decision as to which parent will spend more time with the children than the other. Like many other matters, the court takes a wide variety of factors into consideration when making such an important and life-changing decision for a family.
If one parent is deemed “unfit” to parent, the court will likely award sole custody to the parent who is “fit.” Of course, situations more often than not have two parents who are both completely capable of being a good parent. The court will consider each parent’s income, ability to provide a stable household, history of substance abuse, the relationship between the child and the parent, among other factors to determine which parent should spend more time with the child. The noncustodial parent is still eligible to fight for legal custody, even if they aren’t awarded physical custody. Legal custody allows a parent to make decisions about the child’s schooling, medical care, religious practices, and more.
If you need an experienced family law attorney to guide you through a custody matter, contact us today.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.