When you and your spouse get divorced, you will have to untangle your lives. This means separating finances. For parents with young children, it also means making decisions about child custody. Read on to learn more about how child custody decisions are made in New York.
How are custody decisions made?
- Mediation/alternative methods
- Some couples make custody decisions on their own, outside of the court.
- Custody is often a contentious topic. As a result, the majority of custody arrangements are handled by a New York judge.
How does a judge make custody decisions?
If a judge is in charge of your custody arrangement, he or she will take the following factors into account in order to make a decision:
- 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
What are the different types of custody arrangements?
There are different types of custody. In New York, a parent may be awarded:
- Physical custody: This type of custody is awarded to the parent with whom the child spends more nights of the week. This parent is also known as the custodial parent. The child may travel back and forth between both parents, but the custodial parent is mainly responsible for providing a stable home, education, food, clothes, and more.
- Legal custody: This refers to a parent’s right to make important decisions regarding the child. These decisions may include choices regarding academics, religion, medical treatments, relocation, and more. It is important to note that even if a parent does not have physical custody, he or she can still have legal custody. Legal custody can be awarded to one or both parents.
If you have any questions about how custody is determined in New York, reach out to our firm to learn more.
CONTACT OUR FIRM
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.