One of the greatest misconceptions of child custody cases is the idea that the parent who spends more time with the child would have a greater entitlement to custody. It is important to note that stay-at-home parents have no greater rights to custody than those who work for the success of the family. Both parents have equal rights and after reviewing the following factors, the court will decide upon the custody arrangement of your child:
- Each parent’s ability to provide for the child
- Each parent’s relationship with the child
- Each parent’s history of domestic violence and abuse
- Each parent’s mental and physical health
- Each parent’s history of alcohol and drug abuse
- Each parent’s work schedule and lifestyle
- The health and age of the child
- The child’s preference
Types of custody
In the state of New York, there are two different types of custody available to parents. First, a parent may be given the right to involve himself or herself in the major decisions of the child’s life. This type of custody is called legal custody and these decisions may impact education, healthcare, religion, and many other major decisions that can shape or alter the growth of the child.
Second, the parent may be given the responsibility of the child’s daily routine, residence, and care. This is called physical custody, also known as residential custody. In very rare cases, a parent may be considered “unfit” to parent, awarding the other with sole custody. For a variety of reasons, sole custody may be awarded to the other parent if the questioned parent is a danger to the child. Even in these cases, the unfit parent still has visitation rights, though limited. If the court decides that shared custody is best suited for your unique situation, we can help you and your ex-spouse build an effective visitation schedule. This will formally state the time that each parent will spend with their child.
Contact an experienced child custody attorney
Our firm is prepared to provide you with the thorough, driven, and attentive representation you need as you work toward a child custody arrangement in New York. We understand that the stakes are high and that your parenting, custodial, and visitation rights are on the line. You can rest assured that we will work tirelessly to protect your family and prevent future legal conflicts. At the Law Offices of Susan A. Kassel, P.C., we are proud to represent fathers and mothers throughout every stage of a family law matter. We will treat you with the compassion, patience, and professionalism that you deserve while also providing you with the vigorous representation necessary to successfully resolve your legal matter. Contact our firm for a consultation to discuss your legal matter.