Experienced Divorce & Family Law Attorney In Hauppauge, New York

Navigating child custody questions in a New York divorce

On Behalf of | Apr 16, 2024 | Child Custody

Divorce can be a challenging process, especially when a couple has children. In New York, determining child custody becomes an important part of the proceedings.

Parents often have numerous questions about how the courts make custody decisions and what factors will influence the outcome. Understanding these elements is necessary for parents to manage their expectations and prepare adequately for the discussions that lie ahead.

What types of custody are available in New York?

In New York, there are two main types of custody: physical and legal. Physical custody determines where the children will live, while legal custody involves decisions about the children’s upbringing, including education, health care and religious training. Both types of custody can be either sole or joint. Sole custody means one parent has full custody, while joint custody allows both parents to share the responsibilities and decision-making.

How do courts decide on child custody?

Courts decide on child custody based on the best interests of the child. Factors considered include the child’s age, health and emotional connections with each parent, each parent’s ability to provide for the child and any history of domestic violence or substance abuse. Courts also consider the child’s own wishes, depending on their age and maturity.

Can you modify custody arrangements?

Changes can occur if there is a significant change in circumstances affecting the child’s well-being. This might include a change in one parent’s financial stability, relocation or changes in the child’s needs. Parents can request a review of the custody order if they believe an adjustment is necessary for the child’s best interest.

What should parents do to prepare for custody discussions?

Parents should prepare for custody discussions by gathering all relevant information that demonstrates their relationship with the child and their ability to provide a stable environment. This might include school records, medical records and testimonials from people close to the family. Demonstrating a willingness to cooperate with the other parent and prioritize the child’s needs is also important during these discussions.

Understanding these aspects of child custody can help parents approach their divorce proceedings with more confidence and clarity, ensuring they are well-prepared to discuss and handle the custody of their children.