mother with son

A divorce can be complicated for all parties involved, especially kids. There are many matters to consider when it comes to a divorce, for example, couples with young children will need to work out a child custody arrangement. Each family situation is different, and each child custody agreement will be different. A child custody arrangement may be easy to agree upon for some couples, and much more complicated for others. The well-being of a child is so important, therefore, there are many aspects that go into the process of determining custody. Read on to learn more about child custody in New York City, how it is determined, and the different types.

How is Child Custody Determined in New York?

Many aspects come into play when it comes to determining child custody. The court is looking to do what is best for the child, so some of the factors taken into account may include:

  • Each party’s ability to provide financially for the child
  • Each party’s relationship with the child
  • Each party’s history of domestic violence and abuse
  • Each party’s mental and physical health
  • Each party’s history of drug or alcohol use
  • Each party’s work schedule and lifestyle
  • The health and age of the child
  • The preference of the child

Keeping these factors in mind, the court will make a decision regarding the custody of the child.

What are the Different Types of Custody?

There are different types of custody, and they are not mutually exclusive.

  • Physical Custody
    • This is also referred to as resident custody. The parent who receives physical custody will have the child for more nights during the week. Depending on the situation, this parent may be entitled to child support since they will spend more time caring for the child.
  • Legal Custody
    • Legal custody refers to the right of a parent to make important decisions when it comes to his or her child. These decisions may include choices regarding academics, religion, and medical issues. Even if a parent loses physical custody, he or she may still have legal custody.

New York State believes that custody of a child, whether it be legal or physical, is hugely important to a child’s well-being. If you are considering getting divorced, it is important to have strong legal support. If you have any questions regarding child custody procedures in New York, contact Zimmet Law Group, P.C. today.

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