The process of any divorce is difficult and brings up a great deal of emotion. This is especially so when the couple has children, as they are required to determine their future arrangements as well. The most important issue during this time is the child custody agreement. Continue reading below to learn more about custody and how it is determined in New York.
What Are Types of Custody?
There are many parents who are able to reach agreement regarding the custody of their children on their own. However, if they cannot, the parents may be required to go to court and let a judge decide for them. During this time, there are two main types of custody that are awarded in a divorce. This includes:
- Physical custody: This determines the parent the child lives with and spends the most of their time with. The parent with physical custody is responsible for the child’s residence and daily life/care. In some cases, the court may award sole physical custody to a parent if the other parent is “unfit” and believed to endanger the child. However, visitation rights may still be allowed.
- Legal custody: This is in regard to a parent’s right to be involved in making decisions for the child throughout their upbringing. This can include healthcare, academics, religion, and the child’s general well-being. It is important to fight for legal custody even if the parent does not have physical custody.
What Factors Are Considered?
When the court determines custody, the judge takes several outside factors into consideration. This is all used to determine what is in the best interest of the child. Oftentimes, both parents believe they are what is best for their child. It is because of this that the judge will consider the following before reaching a decision:
- If a parent can provide stability in the child’s current life (home, school, activities, etc)
- The relationship between the child and each parent
- Both parents’ work schedule and lifestyle
- Any history of domestic violence and abuse
- Any history of alcohol and drug abuse
- The health of both parents as well as the child
- The child’s preference
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.