What factors are considered in a custody decision?

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When a couple that has children gets divorced, one of the factors that must be addressed is regarding which parent will have more parenting time. The parent that spends the majority of the time with the children is known as the custodial parent. Of course, when there are two very suitable parents, determining custody can be very difficult. This is one of the most emotional aspects of any divorce that involves children. In order to make a decision on custody, the court will take a number of different factors into consideration. Some of these factors include the following:

  • Each parent’s ability to provide for the child
  • The quality of home life each parent can offer the child
  • Each parents history of substance abuse and domestic violence
  • If the child is old enough, their preference is considered
  • The work schedule and lifestyle of each parent
  • Each parent’s physical and mental health
  • The relationship between the child and each parent

There may be situations in which parents are able to share custody evenly. Much of the time, however, it isn’t exactly split 50/50 because of each parent’s schedule or where they reside. There may also be situations where the court deems one parent unfit to have custody and will award sole custody to the other parent. Each situation is different and therefore, it is important to discuss yours with an experienced family law 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.

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We have an excellent AVVO rating from our many happy clients

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We have the legal knowledge necessary to help you obtain the outcome you desire

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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