Although financial squabbles are common during divorce proceedings, most parents will agree that their children are their most precious assets. Unfortunately, during the often contentious divorce process, children can become collateral damage, even if both parties have the best of intentions. Protecting your children and ensuring a resolution that serves their best interests is achieved can be difficult, particularly when disagreements arise concerning parental fitness, parental rights and obligations, and what exactly is best for your child’s future. This is why anyone facing a child custody dispute should strongly consider hiring a team of Long Island family lawyers who can effectively represent their child’s best interests. Contact the Sklavos Law Group, PC today.
Types of Child Custody in NYS
In New York, child custody is broadly categorized into two types: legal custody and physical custody. The differences between these types of custody are as follows:
Legal Custody: This type of custody gives one or both parents the authority to make significant decisions regarding the child’s upbringing. These decisions can include matters of education, healthcare, religion, and general welfare. Legal custody can be:
Sole Legal Custody: One parent has the exclusive right to make these major decisions.
Joint Legal Custody: Both parents share the responsibility and decision-making, requiring cooperation and communication.
Physical Custody: This refers to where the child resides and who provides daily care. Physical custody arrangements can be:
Sole Physical Custody: The child primarily resides with one parent, while the other parent may have visitation rights.
Joint Physical Custody: The child splits time between both parents’ homes, though not necessarily in an equal arrangement.
Courts may also establish temporary custody during ongoing divorce proceedings to provide stability for the child until a final arrangement is reached. Each custody arrangement is customized to serve the child’s best interests while considering the dynamics of the family.
How Do Courts Determine Child Custody in NY?
When determining child custody in New York, courts prioritize the child’s best interests above all else. Several factors are carefully considered to ensure the custody arrangement promotes the child’s health, safety, and overall well-being. Some of those factors are as follows:
Parenting Capacity: The court assesses each parent’s ability to provide a stable, nurturing environment for the child, including their mental and physical health.
Primary Caregiver History: The extent to which each parent has been involved in the child’s daily life, such as attending school events, managing medical appointments, and offering emotional support.
Parent-Child Relationship: The strength and quality of the relationship between the child and each parent.
Co-Parenting Cooperation: The ability of the parents to communicate effectively and make joint decisions for the benefit of the child.
Home Environment: The suitability of each parent’s living arrangements, including safety, space, and access to resources.
Child’s Preference: Depending on the child’s age and maturity, their preferences may be taken into account.
Parental Fitness: Any history of abuse, neglect, substance misuse, or other behaviors that could negatively impact the child.
Siblings and Family Connections: Courts aim to preserve the child’s relationships with siblings and extended family where possible.
Continuity and Stability: Maintaining the child’s current school, social environment, and community connections is often prioritized.
Can You Ever Change a Custody Agreement?
Yes, child custody agreements in New York can be modified, but only under certain conditions. Courts recognize that circumstances evolve, and a custody arrangement that once served the child’s best interests may no longer be appropriate. Modifications may be granted if there is evidence of a significant change in circumstances. Common reasons for revising a custody agreement include:
Parental Relocation: If one parent needs to move a considerable distance, the existing custody arrangement may no longer be feasible.
Changes in the Child’s Needs: As children grow, their educational, emotional, or physical needs may change, requiring adjustments to the custody plan.
Parental Misconduct or Instability: If one parent exhibits behavior that endangers the child, such as neglect, abuse, or substance misuse, the other parent may seek a modification.
Improvements in Parental Circumstances: A parent who previously lacked stable housing or employment may petition for increased custody or visitation after demonstrating positive changes.
Mutual Agreement: In some cases, both parents may agree to modify the custody arrangement and request court approval.
Importantly, to pursue a modification, the requesting parent must file a petition with the court and provide evidence supporting their claim. The court will evaluate whether the proposed changes align with the child’s best interests.
Contact Our Long Island Child Custody and Divorce Lawyers
Child custody is by no means a one-size-fits-all determination, with a host of factors that must be taken into account based on your unique family situation. Our attorneys take the time to develop a thorough understanding of your child’s needs in order to create the best possible arrangement for him or her to thrive.
With the constantly evolving nature of life, parental relocation or changes of circumstance may require revision of child custody arrangements in the future. Contact our Long Island divorce lawyers to learn more about how we can help you through your divorce or post-divorce child custody modification.
