How Is Child Custody Determined in New York?

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 parent’s:

  • 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:

  1. 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.
  2. 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 than25 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.