When a couple with children decides to separate or divorce, there must be an agreed-upon plan for child custody and child support. A New York court will always make custody decisions based on what is in the best interest of the child. Contact a Suffolk County child custody lawyer to discuss your parental rights and obtain representation during your case.
What Types of Custody Can Be Awarded?
Several types of child custody can be awarded to either parent depending on the specific circumstances of the family and situation. There are two types of custody, physical and legal.
Physical custody refers to where the child resides day-to-day. It can also be known as parenting time and simply means with whom the child resides and when.
Legal custody gives parents the right to make major decisions for the child. Parents with legal custody can contribute to decisions about the child’s medical care, religious upbringing, education, and more.
Both physical and legal custody can be sole or joint. When a parent is given sole physical custody the child resides with them all of the time, though the noncustodial parent may be granted visitation rights. Joint physical custody can be awarded as well and a custody schedule will be worked out to determine when the child alternates households.
Sole legal custody grants one parent the final choice for serious decisions about the child’s life. Only they have the right to make such decisions. If the parents are granted joint legal custody they are both allowed to offer their opinion and must come together to make these choices.
How is the Best Interest of the Child Determined?
The most important factor in determining child custody is the best interest of the child. It is crucial to create a parenting plan that prioritizes the child’s happiness, safety, mental health, and overall development. A court will consider many factors when determining what is in the best interest of the child. Consider the following factors that can influence the court’s decision regarding child custody.
- The relationship between each parent and the child
- Which parent has been the primary caretaker
- The ability of each parent to financially support the child
- Which home will offer the most stability for the child
- The mental and physical health statuses of each parent
- The child’s preference, depending on their age
- Educational opportunities
- Whether or not the child has siblings and where they live
- Whether or not either parent has a history of abuse, neglect, abandonment, domestic violence, substance abuse, etc.
- Where each parent lives in relation to other relatives, the child’s school, and the child’s friends
Nearly every aspect of the parents’ lives must be examined when a court is determining what the best custody arrangement will be. Contact a skilled attorney to discuss your rights and legal options during your custody dispute.
