When parents go through a divorce, they are often concerned about the future of their children. In addition to this, they worry about what their part will be in the children’s lives moving forward. This is because there are different types of custody that are awarded during divorce proceedings. When dealing with these matters, an experienced New York family law attorney can assist you in protecting your parental rights and finding the best possible solution to custody.
What Types of Custody Are There in New York?
The state of New York offers legal custody and physical custody to parents. Legal custody refers to a parent’s right to be involved in making important decisions for their child. One parent may obtain this or it can be shared jointly. Joint legal custody gives spouses equal influence in these matters. Usually, the court favors joint legal custody unless any of the following issues are present:
- The parents cannot effectively communicate regarding the children
- The parents’ inability to co-parent together
- A lack of involvement of one parent in their child’s life
- An unwillingness of one parent to place the child’s needs before their own
- An unwillingness of one parent to make compromises about decisions regarding the child
Physical custody refers to a child’s physical location. This means the parent they will live and spend most of their time with. When parents share joint physical custody, it means they generally have equal time with their child. If a parent has sole physical custody, the child is with them most of the time but the non-custodial parent has parenting time. A parenting time schedule can vary case by case.
How Does a Judge Determine Custody?
When a court is left to determine a family’s custody arrangement, the judge is required to do so in the best interest of the child. In order to figure out what is best, they will consider various factors regarding the family. This can include but is not limited to:
- The parents’ ability to communicate, cooperate, and agree regarding matters of the child
- The parents’ willingness to accept custody and any unwillingness to allow parenting time
- The relationship of the child with their parents and siblings
- Any history of domestic violence
- The safety of the child and the safety of one parent from another
- The preference of the child when of sufficient age
- The child’s needs
- The stability of the home environment
- The quality and continuity of the child’s education
- The fitness of both parents
- The geographical proximity of the parents’ homes
- The parents’ employment responsibilities
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.