Types of Child Custody
In New York,
child custody matters fall under the jurisdiction of the state. There are two types
of child custody: legal and physical.
Legal custody allows a parent to make important decisions for a child’s life,
including decisions related to medical care, education, and religion.
A parent with whom a child lives is said to have
physical custody. When both parents share custody, it is called
joint custody.
How are Child Custody Decisions Reached in New York?
When a New York Court has to make a decision about child custody, the criterion
for the court is to make a determination that is in the “best interests
of the child.”
In following this standard, the courts will take the following information
into consideration:
- The ability of each parent to care for the child
- The ability of the parents to cooperate with one another
- The mental and physical health of each parent and child
- Any history of domestic violence or substance abuse in the family
- The parents’ work schedules
- The wishes of the child, if old enough to make an informed decision
In many cases, parents will share legal custody of a child, meaning that
they will both have a say in how the child is raised and cared for, and
will also often share physical custody through planned visitation schedules.
Sole custody is usually sought in cases involving parental neglect, abuse,
or substance abuse. Note that if the parents of a child were never married
there needs to be proof of paternity/acknowledgement of paternity in order
for the father to have custody or
visitation rights
If there is ever a significant change in a parent’s situation that
affects the best interests of the child, custody arrangements can be modified
usually by the court. For example, a custody modification maybe justified
in the event that the parent with primary custody is for some reason unable
to care for a child. Modifications can be obtained with the help of a
family law attorney.
Need Assistance with Your Child Custody Matter? Contact Lois M. Brenner,
Esq. Today
Child custody law has many facets and can be complex. That is why it is
so important to work with an experienced and knowledgeable NYC family
law attorney to help you make important decisions affecting your children.
For more than 35 years, Lois M. Brenner, Esq. has been an exceptional
advocate for families in Manhattan and throughout New York. Whether you
are considering divorce or need help resolving a child custody issue,
you can trust in Lois Brenner to navigate the complexities of New York
law and lead you toward a solution that suits your needs.
To begin discussing your case with a New York City child custody attorney,
please contact Lois M. Brenner, Esq. today to
schedule an initial consultation.