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Sylvia Goldschmidt, Esq.
Donna M. Genovese, Esq.

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The basics of determining child custody in New York

The basics of determining child custody in New York

| Feb 22, 2021 | Uncategorized

Whatever the child custody concerns are that parents may have during their divorce process, it is helpful to know how child custody is determined. Child custody in New York is determined based on what is best for the child. How what is best for the child is reached is important to be familiar with during the child custody process.

Child custody factors

What is in the best interests of the child is not the same in every situation. That is why factors are used to evaluate what is best for each individual child in each individual circumstance. Factors used to establish a child custody arrangement include:

  • The ability of each of the parents to care for the child;
  • The mental and physical health and wellbeing of the child;
  • The work schedules of the parents;
  • The ability of the parents to cooperate and work together;
  • The desires of the child, depending on the child’s age; and
  • Any history of domestic violence in the family.

Both physical and legal custody of the child must be sorted out. Physical custody refers to parenting time and who the child lives with, while legal custody refers to decision-making authority for the child’s education, medical care and religious training. Child custody can be sole, shared or joint.

Child custody factors are an important part of developing a child custody plan that ensures the child’s wellbeing. They help determine what is best for the child which is the focus of the child custody process and is helpful for divorcing parents to remain focused on as well during the challenges of the child custody process.