When you and your spouse file for divorce, it can have a profound impact on those involved. However, though you may be struggling, it’s important to understand that this process can also have a significant effect on your children, especially as they adjust to custody. As such, it’s imperative to know what to expect in these matters so you can best prepare for this process. If you’re unsure what the different types of custody are or how the courts determine these arrangements, you’ll want to continue reading. The following blog explores what you must know about these important matters and why working with a Long Island child custody lawyer is crucial to fighting for the best possible outcome for you and your family.
How Is Child Custody Decided on Long Island?
In the event that parents cannot reach an agreement on how to handle custody and parenting time of their child during a divorce, the New York courts will step in to help determine a plan that reflects the best interests of the child. On Long Island, judges handling custody cases will examine claims in accordance with state law, local court practices, and the unique situation of each family. There is no automatic formula to determine custody, because the courts are required to handle these matters on a case-by-case basis to ensure the well-being of the child is the top priority.
What Are the Different Types of Custody in New York?
It’s important to understand that various types of custody must be decided in these matters. As such, it’s important to understand physical and legal custody. These may be awarded jointly or solely, depending on the family’s circumstances.
Physical Custody
- Determines where the child primarily resides
- Can be joint (shared parenting time) or granted solely to one parent
- May include visitation schedules
- Focuses heavily on stability, routine, and daily care
Legal Custody
- Grants the right to make decisions regarding education, healthcare, religion, and other important matters
- Can be granted to both parents or solely to one parent
- If granted jointly, cooperation and communication are required
- The court will assess the parents’ ability to make decisions and compromise
The “Best Interest of the Child” Standard, Explained
Courts on Long Island and throughout New York are legally required to adhere to the “best interest of the child” standard when deciding child custody. Essentially, this means that the judges have broad discretion when determining custody matters to ensure that the child’s health, well-being, stability, and development are prioritized above all else, including the wants and wishes of the parents.
What Factors Will the Court Consider When Making a Decision?
It’s important to understand what factors the court will consider when deciding custody matters. However, you should note that these factors are weighed together, as no single factor will determine the outcome of a custody arrangement on Long Island.
Factors Courts Consider When Determining Custody
- The age and health of each parent
- The income of each parent
- The ability of each parent to provide a safe and stable home for the child
- Who the child’s primary caretaker was before the divorce
- The job responsibilities of both parents
- The willingness of both parents to co-parent
- If there are any allegations of neglect or abuse
- If there are any allegations of substance abuse
- Where the parents live in relation to one another and the child’s school and extracurriculars
- Any other factors the court deems relevant to these matters
Does the Child’s Preference Matter?
A child’s preference, like any other factor, may be considered, but it will not serve as a deciding factor. Essentially, the judge will consider the child’s age, maturity, and reasoning for their wishes. There is no set age at which the courts in Nassau or Suffolk Counties will deem a child “mature” enough to provide input.
Is Equal Custody Presumed on Long Island?
You should also note that the court will begin these matters by assuming that equal custody is in the child’s best interest. This is because it’s believed that having a relationship with both parents is best for children. However, after examining these factors, the court may decide that equal custody is not conducive to the child’s best interest.
Work With an Experienced Long Island Child Custody Attorney
As you can see, there are several factors the courts must take into consideration when determining these sensitive matters. As such, if you are going through a divorce and need assistance fighting for the best outcome for you and your child, connecting with an attorney from the Law Offices of Jay D. Raxenberg, P.C., is in your best interest. We understand how nerve-wracking and contentious these matters can be, which is why we are committed to fighting for you. Contact us today to learn more.
