If you are getting divorced, you likely have a lot of questions. One of the biggest questions people ask is, “how does child custody work?” Read on to learn more about how child custody arrangements are determined in New York.
Types of custody
There are two main types of custody:
- Legal custody refers to a parent’s legal right to make important decisions in a child’s life. These decisions may regard matters of religion, medical treatments, education, and more.
- Physical custody is awarded to the parent with whom the child resides for the majority of the time. This parent is mainly responsible for providing the child with a stable home and other necessities. In some cases, parents share physical custody equally.
What goes into making a custody decision?
When it comes to making a decision about child custody, a judge is working to create an arrangement that is in the child’s best interest- he or she may consider the following factors:
- The parents’ ability to communicate, cooperate and agree regarding matters of the child
- The parent’s willingness to accept custody and any unwillingness to allow parenting time
- The relationship of the child with their parents and siblings
- Any history of domestic violence
- The safety of the child and the safety of one parent from another
- The preference of the child when of sufficient age
- The child’s needs
- The stability of the home environment
- The quality and continuity of the child’s education
- The fitness of both parents
- The geographical proximity of the parents’ homes
- The parents’ employment responsibilities
Why Would a Parent not be Awarded Custody?
In some cases, a parent will be deemed unfit, and the fit parent will be awarded sole custody. Some cases that may deem a parent unfit include:
- The parents cannot effectively communicate regarding the children
- The parents’ inability to co-parent together
- A lack of involvement of one parent in their child’s life
- An unwillingness of one parent to place the child’s needs before their own
- An unwillingness of one parent to make compromises about decisions regarding the child
If you have any questions or concerns about child custody in New York, contact our firm today. We are here to walk you through the process every step of the way.
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.