You should not have to sacrifice time with your child simply because you decide to part ways with your child’s parent. Rest assured, even if child custody and parenting time is a contested issue between you and your former spouse, the New York family court may be able to draw a solution that is fair for all parties involved. More often than not, the court’s solution involves a joint custody order. Follow along to find out how a joint custody decision is typically made and how a proficient New York City child custody attorney at Zimmet Law Group, P.C. can help you get a positive outcome.
How is a joint custody decision made by a New York family court?
Above all else, the New York family court will base its child custody decision on what it believes to be in the best interest of the child. With that, the court typically holds the belief that the best interest of the child is for them to continue to have a relationship with both parents. Therefore, the court is more inclined to order joint custody.
Essentially, joint custody is a type of child custody agreement in which both parents are awarded physical custody and legal custody. Specifically, physical custody decides the parent(s) with whom a child lives with. Then, legal custody decides the parent(s) who have the authority to make important decisions in their child’s life (i.e., education, religion, healthcare, etc).
It is worth mentioning that the court does not automatically grant joint custody. That is, it will first comb through several external factors, such as each parent’s work schedule and lifestyle; physical and mental health; ability to provide; etc. Or, if the child is of a mature enough age, the court may consider their expressed preference.
Under what circumstances might the New York family court deny joint custody?
Though rare, the New York family court can deny a petition for joint custody. This may occur in a circumstance in which the court believes it not to be in the best interest of the child. More specifically, if the court finds one parent to be “parentally unfit.” Examples of parental unfitness read as follows:
- The court finds that one parent has a history of alcohol or drug abuse.
- The court finds that one parent has a history of domestic violence or abuse.
- The court finds that one parent has a history of child neglect or abandonment.
- The court finds that one parent has a history of incarceration or mental institutionalization.
In conclusion, you require the services of one of the talented New York City family law attorneys for your child custody case proceedings. So please schedule your initial consultation with us at Zimmet Law Group, P.C. today.