Determining child custody can be a very difficult component of family law. Parents want what is best for their children and it can get messy when one parent believes they should have sole custody. Having an experienced custody lawyer on your side is crucial to ensure you get the best possible outcome for your situation. Here are some factors you should know about how New York courts determine child custody.
Considerations New York Judges Make When Determining Child Custody
Every New York lawyer will tell you the courts decide child custody based on the best interests of the child. It can be difficult to understand exactly what this means, but some of the considerations judges make include:
- The skills of the parents
- The physical and mental health of the parents
- Each parent’s work schedule
- Whether there is any domestic violence history
- Which parent has been the primary caregiver
Depending on how old the child is, the courts also sometimes take into consideration what the child wants.
Does The Age Of The Child Matter?
A custody lawyer will explain there’s no particular age the courts look at to determine child custody. Typically, the older the child is, the more weight they will give their opinion on which parent they want to have custody. And while the child’s preference is a big factor in the final custody decision, it’s not the ultimate factor. The only time a court cannot have a say in child custody is if the child is 18 years old or older.
Custody Isn’t Always Split 50/50
In New York, courts prefer to have both parents involved in their child’s life. However, without a good custody lawyer, this is not guaranteed since it’s not a law to have custody split 50/50. Courts rely on the considerations mentioned above when deciding whether parents have legal custody or physical custody and whether those types are sole or joint custody.
Can Child Custody Be Settled Out Of Court?
Your New York lawyer will likely try to help you settle child custody outside of court. Reaching an agreement on your terms usually works out better for all parties and it’s a much less stressful process, even though it might not be easy. You know your family’s situation better than anyone, so it’s almost always ideal to make those decisions with your family.
Gordon & Gordon is a top law firm in NYC handling a wide range of family law cases. Child custody can be one of the most difficult areas of family law to deal with, but our lawyers will help make the process as smooth as possible. If you need a New York lawyer to represent you, contact us today to schedule a consultation.