Going through a divorce is a very emotional process. This is especially so when the couple has children together. In these situations, the parents are required to determine arrangements for the future of their children as well as their own. This involves child custody. Continue reading below to learn more about custody and how it is determined in New York.
What Are Types of Custody?
When parents are able to work together, they may be able to settle a custody agreement on their own. However, there are also many parents who are unable to do so. In these situations, they may be required to go to court to have a judge decide. There are two main types of custody that are awarded in a New York divorce. This includes:
- Physical custody: This determines the parent the child lives with and spends the most of their time with. They are responsible for the child’s daily life and care, such as a home, schooling, clothes, food, etc. In some cases, sole physical custody may be awarded if one parent is believed to be “unfit” or a danger to the child. However, visitation rights may still be allowed.
- Legal custody: This is in regard to a parent’s right to be involved in making decisions for the child throughout their upbringing. This can include healthcare, academics, religion, and the child’s general well-being. It is important to fight for legal custody even if the parent does not have physical custody.
What Factors Are Considered?
When the court establishes a custody arrangement, they do so based on what is best for the child. To determine this, they take a variety of factors into consideration. This can include the following:
- If a parent can provide stability in the child’s current life (home, school, activities, etc)
- The relationship between the child and each parent
- Both parents’ work schedule and lifestyle
- Any history of domestic violence and abuse
- Any history of alcohol and drug abuse
- The health of both parents as well as the child
- The child’s preference
Contact our Firm
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.