How Child Custody is Determined in New York

You and your soon-to-be ex-spouse are haggling over the issue of child custody as you make your way to a final divorce decree. You may find yourself in mediation sessions with your spouse as you try to resolve this issue outside the courtroom or in a legal battle before a judge. Many different types of custody may be arranged, from joint or sole custody in the legal areas of education, religion, health, and welfare as well as the issue of where and with whom the child will reside.

Just because you are the mother of a child doesn’t automatically give you preference in a child custody issue. Neither parent has preferred rights under the New York courts. Custody decisions are based on what is in the best interests of the child. Under this guideline, the courts will consider who has been the primary caregiver for the child, who the child turns to most often when needing help, the quality of home environment each parent is capable of providing, the child’s preference if old enough to have an opinion, the income and schedules of parents, how much time each parent can spend with the child, whether the child will be separated from siblings, whether a parent drinks or uses drugs, has been guilty of any type of domestic violence, and any other relevant factor that can impact the determination.

Protect Your Rights with the Help of a New York Child Custody Lawyer

Custody and visitation are two of the most important decisions for parents facing a divorce. They are often emotionally-charged issues as well, which can escalate into hotly-contested and protracted legal battles. Throughout all of the stages of reaching an agreement on this matter, whether outside or inside the courtroom, having an experienced attorney who knows the legal system and can act as your advocate can be invaluable.

At Brian D. Perskin & Associates, P.C., you will find a 20-year veteran with the experience, knowledge, and skills to ensure that your legal rights are protected and advanced throughout the child custody process. Whether you are involved in a pending divorce, a post-divorce situation, or as an unmarried parent, get the highly-qualified legal representation you need from a New York child custody attorney at the firm today. The firm serves clients in Manhattan, Bronx, Brooklyn, and Queens.