Every parent has the responsibility of bringing up their children in a safe environment and providing them with love, care, and financial support to the best of their ability. Parents are responsible for making important decisions for their child, such as regarding medical issues, religious choices, and their education as well.
When a couple decides to divorce in Queens. New York, but they have children shared between them, they have to come to a conclusive decision on how much time the children get to spend with each parent and how much of the responsibilities will be shared by either parent. Parents will usually get shared custody of their child where they are both responsible in one way or the other to take care of the children. However, in certain cases, some parents may be awarded sole custody.
Sole custody means only one parent maintains the responsibility of the child and it is usually only granted in cases where one of the parents was abusive and the children are not safe around that parent. The court prefers both parents to remain in the life of the child. However, if a parent is dangerous and has abused the children then the other parent can get both sole physical custody and sole legal custody.
Focusing on the child’s best interest
Though both parents may believe they deserve more rights over their kids, the best interest of the child will always be considered. This means that any decision made regarding visitation and custody will be made with the child’s happiness, well-being, and security in mind.
Some integral factors that the court will examine when deciding what parent gets to keep the child include the physical and mental health of the parents, religious and cultural considerations, the relationship with the child to the parents, and if the child is old enough, their personal preferences will be considered as well.
Even if a parent was guilty of emotionally abusing their children, or excessively disciplining their children, it can decrease their chances of getting custody. A parent can also have their chances of custody greatly reduced if they have a history of drug addiction or alcohol addiction.
What the court will look for when determining custody in Queens, New York
The court will look at what parents can provide a more stable home environment and which parent is financially stable enough to keep their children safe and provide them with the necessities. They will also look at other factors such as the moral standards of each parent, the emotional bond between the parent and the child, the extent of each parent’s knowledge of the interest of their child, and the parenting tasks that each parent usually performs.
Every custody case will be different, and a family lawyer from the Law Office of Charles Zolot can help a person get the legal support they need to fight for their right to remain an active part of their child’s life.
Get in touch with us today:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640