My Child Has a Custody Preference | What You Need to Know

If your child has a preference about your child custody arrangement, you may be wondering about your options. Read on to learn more about child custody arrangements in New York and how much a child’s preference will be considered by a judge.

Types of custody in New York:

First, it is important to understand the different types of custody awarded. In New York, there are two main forms of custody:

  • 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.
  • 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.

What goes into making a custody decision?

Custody is a delicate issue. When it comes to making a decision, a judge is working to do what is in the child’s best interests. To do so, he or she will 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 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

Is a child’s preference taken into account?

In New York, a judge is not legally obligated to take a child’s preference into account. The child’s preference may be accounted for if he or she is of an appropriate age, but it is not legally required.

If you have any questions or concerns about child custody in New York, our firm is here to help. Reach out today to discuss your case with an experienced and dedicated family law attorney.

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.