During a separation or divorce where the spouses share minor children, one of the most important decisions that needs to be made is how custody will be divided between the parents. Ensuring the child’s physical and emotional health is the court’s number one priority. Courts consider a variety of factors when making custody decisions in the hopes of providing the child with the best possible outcome and living arrangements. To learn more about your parental rights, reach out to an experienced Suffolk County child custody lawyer today.

What Types of Custody Are Awarded?

The two types of custody that are awarded in New York are physical and legal custody. Physical custody is a parent’s right and responsibility to house the child and refers to where the child resides and when. Legal custody refers to a parent’s right to make important decisions on behalf of the child like the religion they are raised in, medical decisions, education, and more.

New York courts must decide whether to award shared or sole custody and create an arrangement that works for all parties involved.

What Factors Do Courts Consider in Custody Decisions in NY?

Regardless of the relationship between the parents or the details of the situation, a New York court’s main concern during custody proceedings is the best interest of the child. This is a standard that ensures that custody decisions are made based on what will most benefit the child’s growth and development and allow their needs to be met.

To decide what is in the best interest of the child, the court will consider a wide range of factors including the following.

  • Which parent has historically been the primary caregiver
  • The child care arrangements that each parent can offer, since oftentimes both parents work
  • Which parent offers the child the most stability
  • Whether there is evidence of drug or alcohol abuse on the part of either parent
  • The mental health of each parent
  • The physical health of each parent
  • Whether there is evidence that either parent has committed domestic violence against the other
  • Whether there is evidence that one parent has abused, neglected, or abandoned the child at one point or another
  • The financial situation of each parent and who can provide financial stability for the child
  • Each parent’s home environment and whether it is dangerous or unhealthy for the child
  • The educational opportunities that the child would have access to with each parent
  • Where the child’s siblings live, if they have any
  • The court’s observation of the parents’ behavior
  • The child’s preference, depending on how old they are and their understanding of the situation

There are many nuances to consider when making a decision as important as awarding custody of a child. However, the above factors can offer courts a clear understanding of the familial situation and enough evidence to make a determination that is in the best interest of the child.

If you have questions or concerns regarding your rights to child custody, consult with a skilled attorney at Peter V. Mandi & Associates, Inc. today.