Factors Considered When Deciding Child Custody
Determining child custody always comes down to what’s believed to
be in the best interest of the child / children involved. The state of
New York takes a number of factors into consideration when deciding how
custody will be granted in a divorce case. These factors include each
- Ability to provide proper care for the child
- Mental and emotional wellbeing
- Physical health
- Work schedules
- Willingness to cooperate
- History of domestic violence
Depending on the child’s age, he or she may also be given the opportunity
to express their personal preferences on the matter.
Which Type of Child Custody Is Right for You?
The state of New York recognizes two types of custody:
Legal Custody: Parents granted legal custody will be responsible for making all important
life decisions concerning the child. From education to healthcare to religion,
any and all decisions that affect the child’s life and overall wellbeing
will fall on the parent(s) with legal custody.
Physical Custody: Children live with the parent who has been granted physical custody. In
New York, it is very common for parents to “share” physical
custody, meaning the child will live with one parent during the week and
with the other parent on weekends.
If only one parent is granted custody, he / she is said to have “sole
custody” of the child. If both parents share custody, they are said
to have “joint custody” of the child.
We Help Protect Your Custodial Rights. Call Us at (212) 577-9312.
At The Portela Law Firm, P.C., we take a client-first approach to the practice
of family law. Backed by more than 20 years of experience, we are well
equipped to handle complex matrimonial disputes, including those involving
matters of child custody. Whether you and your spouse are in a heated
battle over who should get custody of the children or you would like to
amicably resolve the issue outside of court, we can help.
For a free case evaluation, call us at (212) 577-9312.