New York, NY- Disputes over child custody are typical for New York’s divorcing couples. Some couples may struggle with child custody at first but eventually resolve their difference with the assistance of a child custody lawyer. But what happens when a couple is incapable of agreeing on visitation or child custody arrangements?
First, USAttorneys recommends you get legal advice if you are divorcing and have children. You will benefit from having a divorce lawyer familiar with New York’s family courts working on your case.
When a couple cannot resolve these disputes, the task is left to family courts, and they make their decision based on what is the best interest of the child. Below, we will discuss what questions a judge will ask to decide what child custody arrangement is most appropriate:Speak with a divorce lawyer near your New York location to discuss the child custody arrangements that may be possible in your case.
How old is a child? When a child is an infant or a toddler, the courts may decide that a mother should be given physical custody until the child is older.
Was the child abused or neglected by a parent? If abuse occurred, the abusive parent could be denied visitation or physical custody. Under some circumstances, a parent may be allowed to see their child as long as there is a third party monitoring the visit.
How are the living conditions of each parent? The well-being of a child is the court’s top priority, so they want to make certain each parent has a stable living condition. If they both have a safe environment, a joint custody arrangement will be likely. However, if one parent moves often or has a roommate, the courts may be reluctant to grant them custody. The mom or dad who remains in the marital home will be more likely to be given primary custody, so that should be taken into consideration when determining who stays.
Which parent is more financially and emotionally stable? During their parent’s divorce, a child needs stability and support, which is why family courts in New York examine all aspects of a parent’s life. They want to put a child with the most stable parent.
What kind of relationship does a child have with each parent? The bond between a parent and child is so important, which us why family courts look at this bond when deciding child custody.
What are the child’s wishes? If a child is over the age 12, the courts will ask them which parent they choose to live with and usually, listen to a child.
Above are just a few of the factors a family court judge will look at when helping a couple resolve their child custody disputes. USAttorneys can connect you with a divorce lawyer in New York to be your advocate and work on resolving the troubling aspects of your divorce. Whether you are fighting over assets, debts, financial support or custody, you will benefit from having an attorney on your side.