How is Child Custody Determined in New York State?

To put it in the simplest of terms, a family court in New York State will always try to make decisions that are in the best interests of the child or children in question. There are four main types of custody in New York, which are the following:

Joint Custody - this is the most common scenario in New York, and is where both parents share custody while following a schedule determined by the court

Sole Custody - as the name implies, this is where only one parent has custody of the child

Legal Custody - this can involve one or both parents (sometimes the court will grant one final authority) making decisions about the child’s education, medical needs, religion, etc.

Physical Custody - the parent with whom the child primarily resides is said to have this, but the other parent may have visitation rights

Whether or not the parents were married plays an important role in determining custody. Other factors considered include where and how long the child has lived with a parent, any special needs of the child, any domestic violence that occurred, the home environment of each parent, and the work schedule of each parent, among many more. Typically, a court will not decide custody on just one of these factors. Rather, they will look at the entire situation before making a decision.

When it comes to the preferences of the child, while there is no “minimum age” for a court to take the preference into consideration, the weight of an older child’s preference will usually carry more weight. As one example, if the child has been living with one parent since a separation or divorce, the court will more often than not grant primary custody to that parent, so as not to disturb the child’s home environment.

Maureen A McCready is an experienced child custody lawyer serving Western New York. Not only can she answer your questions about the process, but she can also provide strong representation if the case goes to court, making sure your rights under the law are protected. Don’t fight that custody battle alone. Call Maureen A McCready today to schedule a consultationfor your case.