New York Divorce & Family Lawyers
Speak With an Attorney Now 347.848.1850
Exceptional Solutions for You & Your Loved Ones Helping New York Families for Over 40 Years

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 60 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.

What Our Clients Are Saying

  • “Mr. Eiges was very attentive and responsive”

    A. Licari

  • “I am extremely satisfied with the representation Eiges & Orgel provided me in my divorce case”

    Valeria

  • “Mr Eiges will help you finish the case as fast as possible and will try his best to stay with in budget.”

    Yossi

  • “I am so grateful to Eiges & Eiges for taking my case & doing a par excellent job.”

    Andrea

  • “If all divorce attorneys had the spirit of Kenneth "Ken" Eiges, cases would not drag on.”

    Femi

  • “Scott and his staff are excellent!”

    Former Client

  • “I received my settlement and separation agreement in 30 days after I filed for divorce!”

    E. Temple

  • “Mr. Eiges made every effort to keep my legal costs low.”

    Anie

  • “Ken is just amazing to work with and knows everyone in family court.”

    Seneca

  • “Thanks to Ken, I was able to keep my home, my business, and make sure my children would be taken care of through college.”

    Former Client

  • “They were true to their word”

    Former Client

  • “He took the time to listen to all my concerns and provided honest, straightforward answers.”

    Nancy

  • “My first meeting with Ken was both enlightening and comforting.”

    Rae

  • “Thankfully I met Mr. Eiges and from that moment on everything was handled better than I could have imagined.”

    Fernanda

  • “Eiges & Orgel is a good Law firm to use during these times.”

    Milwood H.

You Want Us On Your Side

Experience is Critical. We've Handled Thousands of Cases Over the Years and We're Ready to Help You.
  1. More Than 40 Years of Experience
  2. Four Attorneys Named to Super Lawyers
  3. Resolved Over 3,000 Divorce Cases
  4. AV® Rated by Martindale- Hubbell®
  5. AVVO Ranked Superb & "Clients' Choice" Winner
  6. Media Appearances On CNN & People
  7. Appointments In-Office, Over the Phone, & Via Skype
Request to Speak With an Attorney
  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please make a selection.
  • Please enter your availability.
  • Please enter a message.