If you have children and you are getting divorced, you may be wondering whether you will get custody. Read on to learn more about how custody is determined in New York State.
Will I get custody of my child in New York?
In New York, courts believe a child benefits from having some sort of relationship with both parents. As a result, they will work to give both parents custody. However, this is not always the case. If a parent is deemed unfit, he or she may lose custody.
Why would a parent not be awarded custody?
A parent may be deemed unfit if there is proof of the following:
- 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
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
Our firm wants what is best for you and your child. We are here to advocate for you every step of the way. If you have any questions or concerns about custody in New York, our firm is here to help. Reach out today to discuss your case.
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.