Divorce can be an emotionally turbulent experience, and when children are involved, the stakes are even higher. Parents often wonder how the courts decide custody and what factors influence the outcome. In New York, child custody decisions are made with one overarching principle in mind: the best interests of the child. Continue reading and reach out to a knowledgeable Long Island child custody lawyer from our legal team to learn more about the best interests standard and what it may mean for your case. Here are some of the questions you may have:
What Are the Different Types of Child Custody in New York?
In New York, courts recognize two main types of custody–legal custody and physical custody. Legal custody refers to a parent’s authority to make major decisions about the child’s life, such as education, medical care, and religious upbringing. This can be joint legal custody, where both parents share decision-making responsibilities, or sole legal custody, where only one parent has that authority.
Physical custody, on the other hand, determines where the child will live most of the time. A parent with primary physical custody (also called residential custody) has the child for the majority of the time, while the other parent typically receives visitation rights or parenting time. In some cases, parents may share joint physical custody, meaning the child splits time more evenly between both households. However, this arrangement is less common unless both parents can cooperate effectively.
What Factors Do Courts Consider When Deciding Custody?
Judges evaluate multiple factors when determining what custody arrangement best serves the child’s needs. Some of the most important considerations include:
- The child’s best interests: This is the guiding standard in all custody decisions. The court assesses which parent can provide the most stable, loving, and supportive environment.
- Each parent’s ability to care for the child – Judges examine factors such as parenting skills, financial stability, work schedules, and overall ability to meet the child’s emotional and physical needs.
- The child’s relationship with each parent: If one parent has been the primary caregiver, this could weigh heavily in the decision.
- Any history of abuse or neglect: A parent with a history of domestic violence, child abuse, or substance abuse may face restrictions or lose custody rights altogether.
- The child’s preference: If the child is old enough and mature enough, the court may consider their wishes, though this is just one factor among many.
- Each parent’s willingness to foster a relationship with the other parent: Courts favor parents who encourage their child to maintain a healthy relationship with the other parent, rather than those who attempt to alienate the child.
Can Custody Arrangements Be Modified Later?
Yes, child custody orders are not necessarily permanent. If circumstances change significantly, either parent can petition the court for a custody modification. Common reasons for requesting a change include a parent relocating, a change in work schedules, or concerns about the child’s well-being in the current arrangement. However, the court will only modify custody if it determines that the change is in the child’s best interests.
If you have further questions about how custody works in New York or you wish to speak with a seasoned attorney about your case, simply contact the Sklavos Law Group, PC today.
