How Is Custody Determined?
Taking a Look at New York Child Custody Proceedings
Typically one of the most challenging issues to address in any
divorce, child custody involves the determination of a child's living situation
and who will make decisions about a child's physical and emotional
well-being. These are highly personal matters that can make even the most
amicable divorce turn ugly. It is therefore of the utmost importance to
carefully consider your goals and your child's best interests as you
approach your divorce or separation. In working out a custody agreement
or approaching a
contested divorce in court, a New York child custody lawyer can offer invaluable insight
and representation.
One such area in which a lawyer can provide guidance is how custody is
typically determined by the court. Knowing the answer to this question
can help you understand the possible outcome of your case and whether
going to trial is your best option. In deciding custody and visitation,
a judge will consider what is in the best interests of the child. The
judge will address both
physical custody, which applies to the child's day-to-day living situation,
and legal custody, which refers to the right to make major decisions about
the child's education, medical care, religious training, etc. The
judge may consider:
- Who has been the primary caretaker of the child;
- The child's current living situation, and how long it has been so;
- Each parent's home environment;
- Each parent's stability, judgment, employment, health and lifestyle;
- Each parent's ability to provide emotional and intellectual support
to the child;
- The child's preference (depending on his or her age);
- Whether the child would be separated from siblings;
- Whether either parent is actively trying to cut the other parent out of
the child's life;
- Whether either parent has been abusive in any way; and
-
Whether
domestic violence has been involved.
In a divorce, both parents have a legal right to seek custody. If parents
cannot come to their own agreement regarding custody and
visitation, a judge must make this determination. This is no easy task, considering
the many factors that must be taken into account. Having a competent lawyer
who can present your case in a clear and compelling manner can help you
seek your ideal custody arrangement.
Involve a New York Child Custody Attorney
At Eiges & Orgel, PLLC we recognize that custody battles are complex
and emotionally charged. The outcome will directly impact your child or
children and your own life. With more than 40 years of experience and
thousands of clients helped with their family law matters, our attorneys
stand prepared to seek the best possible result in your custody dispute.
We handle custody agreements in contested and
uncontested divorce as well as
separation agreements, and we can address custody
enforcement or
modifications.
To learn more,
contact a New York child custody attorney at our offices.