For many parents, one of the most difficult aspects of divorce is the impending changes in custody. Unfortunately, this can be an incredibly difficult time, as one or both parents will likely have to sacrifice time spent with the child while they are in the care of their other parent. As such, it is critical to understand the different types of custody that can be awarded, as well as the factors considered by the court to make decisions regarding these matters. The following blog dives deeper into these matters and explores the importance of connecting with Long Island child custody lawyers to fight for the best possible outcome for your circumstances.
What Are the Different Kinds of Custody?
If you are going through a divorce or custody battle, understanding the different custody options that may impact your case is critical. First and foremost, it’s necessary to note that there are generally two kinds of custody. The first is physical custody, which reflects where the child lives at any given time. The parent with physical custody is responsible for their daily care. Legal custody, on the other hand, represents a parent’s right to make important decisions for the child, like where they go to school, what activities they participate in, and what medical care they receive.
You should also note that you can receive joint or sole custody. Sole physical or legal custody means that the child only lives with one parent, and that parent is the only party responsible for making major decisions for the child. Joint physical or legal custody means the child spends equal time with both parents, often on a scheduled basis, while both parents must discuss important decisions for the child.
How Do New York Courts Make Custody Decisions?
First and foremost, it’s critical to understand that all courts adhere to the “child’s best interest” standard. Essentially, this means that the court will prioritize the health, well-being, and safety of the child above all else, including the wishes of the parents.
It’s also necessary to understand that, when possible, the court will try to grant joint custody, as they believe it is in the best interest of the child to maintain a relationship with both parents. However, as the courts review several different factors, they may discover that joint custody is not ideal for the child. The factors that can influence custody include, but are not limited to, the following:
- The age and health of the parents
- The income of each parent
- The job duties and requirements of each parent
- Who the primary caretaker of the child was before the divorce
- Where each parent lives in relation to one another
- The ability of each parent to provide a safe and stable home for the child
- The willingness of each parent to cooperate
- Any allegations of substance abuse by either parent
- Any allegations of child abuse, child neglect, or domestic violence against either parent
- Any mental health issues either parent endures
- Where each parent lives in relation to the child’s school, community, and extracurriculars
- How many children are involved in the custody matter
- Any other factors the court deems relevant
As you can see, custody is not a matter that is taken lightly by the courts. That is why working with an experienced child custody attorney with Sklavos Law Firm is in your best interest. Our team understands how difficult these matters can be, which is why we are committed to helping you fight for the best outcome for you and your family. Contact us today to learn more.
