What Should I Know About Obtaining Child Custody in New York?

What Should I Know About Obtaining Child Custody in New York?

There are an array of emotions that come with going through a divorce. This is especially so when the couple has children. During this time, parents are required to settle arrangements for the future of their children, including custody. Continue reading below to learn more and contact an experienced New York family law attorney for assistance with these matters.

What Are Types of Custody?

Some parents are able to reach agreements regarding their child custody agreements on their own. While this is true, there are many others who may need the assistance of the court to make these decisions for them. There are two main types of custody that are awarded in New York divorces, including:

  • Physical custody: This determines the parent the child lives and spends the majority of their time with. This parent provides daily care to the child, such as a home, food, clothing, etc. In some cases, the court may award sole physical custody if one parent is “unfit” or believed to be a danger to the child. However, visitation rights may still be permitted.
  • Legal custody: This determines a parent’s right to have a say in decisions regarding the child’s upbringing. This can include healthcare, academics, religion, and the child’s well-being. Parents should fight for legal custody even if they do not have physical custody.

What Factors Are Considered?

When a judge determines custody, they do so based on what is in the best interest of the child, not the parents. To do so, they consider a variety of different factors, such as the following: 

  • If a parent can provide stability in the child’s current life (home, school, activities, etc)
  • The relationship between the child and each parent
  • Both parents’ work schedule and lifestyle
  • Any history of domestic violence and abuse
  • Any history of alcohol and drug abuse
  • The health of both parents as well as the child
  • The child’s preference

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.