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.
How Do New York Courts Decide Child Custody?
In New York, custody is determined by the “best interests of the child” standard, which requires the judge to consider a number of aspects to determine the best custody arrangement for the child.
When courts determine custody throughout New York, including Long Island communities like Jericho, Old Westbury, and Brookville, the primary concern of the judge is protecting the stability, safety, and overall well-being of the child. As such, the judge will evaluate a wide range of factors to determine what arrangement would best suit the child. As such, the courts will not automatically favor one parent, nor will they make the decision based on a single factor. Instead, each case is carefully determined to decide what will best suit the interests of the child.
The Best Interests of the Child Standard
The “best interests of the child” standard is a central legal principle used to make custody decisions on Long Island and across New York state. Essentially, the courts will consider a number of factors to determine which arrangement can provide the most supportive environment for the child. As such, the courts:
- Focus on the child’s well-being as opposed to the parent’s preference
- Examine the parenting ability, home stability, and safety of each parent
- Encourage the parents to support a healthy relationship between the child and their other parent
- Prioritize the emotional and developmental needs of a child
- May consider the wishes of the child if they are deemed old and mature enough
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.
Legal Custody Explained
Legal custody refers to the right of a parent to make important decisions on behalf of the child.
- Decisions regarding education and school enrollment
- Authority to decide medical care and treatment
- Determining the religious upbringing of the child
- Decisions regarding extracurriculars and community activities
- Responsibility for long-term developmental planning
Physical Custody Explained
Physical custody refers to where the child lives and which parent is primarily responsible for daily care.
- Providing day-to-day supervision and care
- The child’s primary residence is with the parent awarded physical custody
- The other parent may receive visitation or parenting time
- A joint custody agreement can allow children to split time between their parents’ homes
- Parenting schedules reflect school routines and the logistics of the family
What Factors Do Nassau County Courts Consider When Deciding Custody?
Judges evaluate multiple factors when determining what custody arrangement best serves the child’s needs. The court will review the circumstances of each parent and the child to determine the arrangement best suited for their needs.
Key Factors Reviewed by the Court When Determining Custody
- The child’s best interests and overall well-being
- The ability of each parent to meet the needs of the child
- Each parent’s work schedule and responsibilities
- The ability of each parent to provide a safe and stable home
- Each parent’s relationship with the child
- The distance between the parents’ home
- The mental and physical health of each parent
- Allegations of substance abuse, domestic violence, or neglect
- Each parent’s willingness to support a relationship between their child and the other parent
Can Custody Arrangements Be Modified Later?
Families throughout Long Island and Nassau County, including communities like Jericho and Old Westbury, may experience changes that require an adjustment to a custody arrangement. If circumstances change significantly, either parent can petition the court for a custody modification.
Common Reasons Custody Orders Are Modified
- A parent relocated to a new city or state
- There’s a significant change in work schedule or employment
- There are concerns regarding the safety of the child
- A parent becomes unable to care for the child
- There are changes in the child’s educational, developmental, or healthcare needs
- There is evidence that the current custody arrangement no longer benefits the child
Contact an Experienced Long Island Child Custody Attorney
Navigating a custody dispute on Long Island can be incredibly overwhelming for everyone involved. As such, 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.