Hello World! Welcome Friends! The child’s interest is the most important thing when it comes to child custody. New York has guidelines and extensive case law that ensure that children are the priority when making child custody decisions.
Changing Child Custody Laws in New York
The assumption for years has been that a child is better off with their mother as their custodial parent. The premise was wrong, and New York now understands and recognizes facts. Decisions about child custody cases are on a case-by-case basis.
Also, marriage is no longer a deciding factor either. Married and unmarried couples with children are treated the same, and marital status is unimportant when deciding child custody.
Types of Child Custody in New York
Child custody arrangements come in different forms, and there are different types of child custody arrangements in New York.
Joint custody is when both parents share custody. Typically, a judge decides on a schedule that is best for both parents and the child. Joint custody is a common middle ground in the country and New York.
Sole custody just means that one parent has custody of the child or children. Many judges veer away from this type of child custody unless they are in danger or one of the parents is simply not fit.
Legal custody is a tad harder to understand. It is when parents, one or both, make the crucial decisions about the child. It includes medical decisions, education choices, and even religious affiliation. Typically, one parent makes the final decision. It is done by agreement, or the authority granted by the court.
Physical custody is what it sounds like. A child primarily lives with the person that has physical custody. Usually, the non-custodial parent has visitation on a schedule.
New York Child Custody Laws Including Best Interests
New York law puts the child’s interest first when deciding on child custody. Child custody laws lay out the specific factors related to their best interest. Following those guidelines help judges make the hard decisions, such as granting sole custody to a parent. The Levoritz Law Firm in Manhattan can help clarify what best interests mean and how they may affect your child custody case.
Best interests can include the following:
- How long the child lived with either parent.
- Where the child is primarily residing.
- Does the child have special needs that one parent can meet better than the other.
- Are there any domestic violence issues within the family.
- Whether there are siblings involved. Courts typically keep siblings together in one household.
- Is one parent better at handling the intellectual and emotional development of the child better than the other.
- Parental isolation is a huge worry when it comes to child custody decisions. A judge will consider if one parent can foster a healthy relationship with the other parent and if one parent will try to poison the child against the other. It is in the child’s best interest to have a healthy relationship with the child and the other parent.
- Judges give older children the room to decide where they wish to live. A judge considers a child’s parental preference but is not bound to it.
- Does one parent have better parenting skills.
- Does either parent have drug or alcohol issues.
- Which parent is best when providing food, shelter, medical care, and education for the child.
- What is the home environment of both parents.
- Which parent is the child more closely attached to?
- Is there already a custody order or informal agreement already in place.
- Parents’ work schedules and childcare options.
- Which parent better supports a child’s spiritual needs and beliefs.
- Status of domestic partners in each parents’ homes.
- The mental, physical, and emotional health of both parents.
Child Custody in New York and Your Rights
Pursuing child custody is not easy on anyone, most of all the child or children in question. Everyone, including the judge, wants what is best for them. It is why the child’s preference is part of the equation when making the custody decision. There is no exact age either. However, a judge will take into consideration a 12-year-old’s preference more than, let’s say, an 8-year-old.
Another thing to keep in mind is that a judge will decide based on the totality of the circumstance. No one best interest will nullify a custody claim. For example, if the child is living with one parent is thriving, a judge is less likely to step in and change a child’s living situation. Unless, of course, there is a drastic change or danger to that child.
Contacting an attorney that specializes in child custody is the best plan of action. They will help work towards settling the case, when possible, to avoid litigation that might harm the child. And an attorney is there to help you through and work as an advocate for both you and your child.
Click the links below for any posts you have missed:
Elements to a Child Custody Agreement
A Practical Guide to Replace Shingles
Whole House Water Filtration System
Why It’s Important that your House Has Good Water Infrastructure
These 6 Home Fixes Shouldn’t Be Overlooked
I’d love for you to join my email list! You’ll receive a notification straight to your inbox which will include links to my latest home project posts! Simply enter your address below.
Thanks for stopping by! Have a wonderful day/night depending on where you are in the world! Go with God and remember to be kind to one another!
Toodles,
[…] Types of Child Custody in New York […]