Divorce can be an incredibly stressful process. Unfortunately, this can be true for all members of the family, especially children. When getting divorced, you will have to make important decisions regarding child custody. Custody is taken very seriously in the state of New York because the goal is to do what is in the child’s best interests. Read on to learn more about how custody decisions are made in New York.
What are the Different Types of Custody?
There are two main types of custody, and they are not mutually exclusive. This means that you can have one, both, or neither, depending on the situation:
- 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.
In rare cases, when a parent is deemed unfit, the fit parent may be awarded sole custody.
How is Custody Determined by a New York Court?
Many aspects come into play when it comes to determining child custody. 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
If you have any questions or concerns regarding child custody arrangements in New York, contact our firm. We are here to advocate for you and walk you through the process each step of the way. Reach out to speak with an experienced and dedicated family law attorney.
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