If you are going through a divorce and have children, child custody can be one of the most challenging aspects to navigate. It’s natural to feel apprehensive about sharing time with your child with their other parent. Many parents don’t fully understand the factors the court considers when making custody decisions. This blog post will explore the various custody outcomes in New York, the factors that influence the court’s decisions, and why it’s crucial to have an experienced Suffolk County Child Custody Attorney by your side during this difficult process. 

Are There Different Types of Custody in New York?

New York parents are strongly encouraged to create their own custody agreement outside of court. However, when parents cannot reach a mutually agreeable custody arrangement or the court finds the proposed plan does not adequately protect the child’s best interest, they will intervene and issue a final custody determination after examining various factors.

During a divorce, there are generally two types of custody that may be awarded: legal and physical. Legal custody refers to the right to make decisions on behalf of the child, including decisions about education, health care, extracurricular activities, and religion. It can be awarded jointly to both parents, requiring them to discuss and agree on these matters. However, if one parent is deemed unfit, sole legal custody may be granted to the other parent, allowing them to make major decisions without consulting the other parent.

Physical custody, on the other hand, determines where the child lives. While courts generally prefer to split physical custody evenly to promote a relationship with both, sole custody may be awarded to one parent in certain circumstances, with the other parent receiving visitation rights.

What Factors Do the Courts Consider When Deciding Custody?

In New York, the court prioritizes the best interest of the child standard when determining custody arrangements. Essentially, the court’s primary concern is to ensure that the child is placed in an environment that best suits their individual needs. This means that the child’s health, safety, and overall well-being are prioritized over the parents’ wishes. The factors the court will consider when deciding custody include the following:

  • The age and health of each parent
  • Parental fitness
  • The child’s needs
  • The child’s relationship with each parent
  • The child’s preference (depending on age and maturity)
  • The parents’ ability to cooperate and communicate effectively
  • The willingness of each parent to accept custody and responsibility for the child
  • The stability of each parent’s home
  • Distance between the parents’ homes
  • Each parent’s work schedule
  • Which parent has been the primary caretaker of the child before the separation
  • Any history of domestic violence, substance abuse, abandonment, or neglect

By weighing the above factors, the court can determine the risk associated with each parent and tailor a custody arrangement that benefits the child’s development. At The Law Offices of Susan A. Kassel, P.C., we are prepared to help you protect your parenting time. Connect with our firm today for guidance and skilled representation.