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How the state of New York determines child custody

On Behalf of | Jun 25, 2024 | Child Custody |

In the state of New York, decisions about child custody prioritize the well-being and best interests of the child. When parents separate or divorce, determining who will have custody of their children involves several key considerations and a structured legal process.

Every state has its own rules and processes regarding child custody, so divorcing parents in the state of New York need to understand what the future holds for their family.

Types of custody

There are two main types of custody recognized in New York: legal custody and physical custody. Physical custody relates to where the child will live on a day-to-day basis. Legal custody pertains to the authority to make important decisions regarding rearing the child, such as those involving education, healthcare and religious upbringing.

Factors considered in custody decisions

The court takes into account various factors to determine custody arrangements. These include the ability of each parent to provide for the child’s physical and emotional needs, their financial stability and their willingness to foster a positive relationship between the child and the other parent. The court may also consider the child’s preferences if the judge deems the child old enough and mature enough to express a reasoned opinion.

Legal process

When parents cannot agree on custody arrangements, they may need to appear in court where a judge will make a decision based on the evidence presented. Both parents have the opportunity to present their case and provide evidence supporting their ability to care for the child.

Best interests of the child

Throughout the legal process, the guiding principle is the best interests of the child. This means that the court considers all relevant factors to determine a custody arrangement that promotes the child’s happiness, security, mental health and emotional development.

Child custody decisions in New York follow a foundation of thorough consideration of what will best serve the child’s overall well-being. By prioritizing the best interests of the child, the state of New York strives to facilitate custody arrangements that support the child’s needs as they grow.