There are many stressors that come along with going through a divorce. This is especially so when the spouses are parents and have concerns about the future of their children. Often times, parents worry about the amount of time they will have with their child after the divorce. This is because different types of custody can be awarded during divorce proceedings. When facing these situations, it is important to retain the services of an experienced New York family law attorney to find the best possible agreement for your situation.
What Types of Custody Are There in New York?
There are two different types of custody in the state of New York. This includes legal custody and physical custody. Legal custody allows a parent to be a part in making important decisions regarding their child. Either one parent may have this or both of them may jointly. Joint legal custody means the spouses have equal influence in making these decisions. The court usually favors this custody unless the following circumstances are present:
- 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
Physical custody determines a child’s physical location and where they spend their time. When two parents share joint physical custody, they have equal time with the child. In the event that one parent has sole physical custody, the child spends most of their time with them but shares parenting time with the non-custodial parent. Parenting time schedules can chance depending on the facts of the case.
How Does a Judge Determine Custody?
When it is in the hands of the court to determine a child’s custody arrangement, the judge will consider various different factors pertaining to the family in question. This can include but is not limited to:
- The parents’ ability to communicate, cooperate, and agree regarding matters of the child
- The parents’ 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
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.