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How is Child Custody Determined in New York?

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When going through a divorce child custody is one issue that will need to be resolved. There are several different types of
child custody orders that can come about, including joint custody, sole custody or even third party custody. The court will look into all aspects of the situation between the parents and the children. They make their decision based on what they find to be in the best interest of the child. If you are in the middle of a divorce and facing a child custody battle obtain the guidance and representation of a
Long Island child custody lawyer from our firm.

The court will investigate all of the following factors when making a child custody order:

  • Age and sex of the child
  • Mental and physical health of the child
  • The existence of a primary caretaker
  • History of domestic violence or child abuse
  • Emotional relationship between the child and each parent
  • Mental and physical health of each parent
  • The parent’s ability to take care of the child
  • Each parent’s willingness to encourage a relationship between the child and the other parent
  • The parent’s lifestyle
  • Work schedules of the parents
  • Child’s preference if over age 12

There are countless other aspects that could influence the decision of the court, but in the end they decide according to what is best for the children involved. Many times the court will deem a certain parent the favored parent to receive custody. There are times; however, that parents appear to be equal in ability when looking into all of the above factors. In cases like that the court may grant custody to the parent who will maintain the current relationships and lifestyles that the child is used to. Upholding the status quo for the child can allow them to adapt to the divorce faster and easier.

If you are in the middle of a divorce and need representation for your child custody case, contact a Long Island child custody attorney from the Law Offices of Jay D. Raxenberg,!

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