How Do Courts Decide Upon Child Custody in New York?

In New York, there are numerous things that the courts will consider before awarding joint custody or sole custody to parents.  Here are the most common factors that the family courts will review before making a child custody decision.  The courts will consider:

• which parent currently has custody of the child
• which parent is the primary caregiver
• the strengths and weaknesses of each parent as a caregiver
• both the mental and physical health of each parent
• the income each parent makes
• any history of domestic violence within the family
• the child's preference if the child is above a certain age
• the ability of each parent to cooperate with the other parent and act in the best interests of the child
• both parents' work schedules

Once the courts have taken these factors into consideration, they will decide upon a custody arrangement, it is important for people to know that when making decisions, the court will always act in the best interests of the child.

Are you currently going through a child custody battle?  If so, you should work with a family law attorney who can assist you.