Factors Courts Consider in Child Custody Decisions in New York

A child custody agreement is usually part of the divorce process for minor children. Parents who were never married can also benefit from a legal custody arrangement to protect their parental rights. When a dispute arises, parties are often unaware of the factors courts consider in child custody decisions in New York. As a result, they may find themselves unprepared to manage a custody case successfully.

Child Custody in New York Explained

In New York, both biological parents are afforded equal parental rights and responsibilities over their children, even if they are not married. A child custody arrangement does not terminate parental rights. Rather, it provides a plan whereby one or both parents are given physical and/or legal custody of a child and, for noncustodial parents, visitation rights.

Physical custody refers to who has the child and where they will be. Legal custody refers to who can make decisions about matters like a child’s religious upbringing, medical care, and education.

A New York court can award physical and/or legal custody to both parents (joint custody) or one of the parents (full custody). A noncustodial parent has a right to visitation or “parenting time” with a minor child. In visitation disputes, a judge may set a hearing to discuss an adequate parenting time arrangement that can benefit the child.

Factors Courts Consider in Child Custody Decisions in New York

It can be challenging to modify a child custody order in New York. It is, therefore, critical that each party presents the strongest case possible in court to achieve the optimal outcome in their child custody case.

Knowing what factors courts consider in child custody decisions in New York is one of the most important things you can do. The goal of a child custody arrangement is to create a family care plan that is in the interest of the child while providing the space for each parent to enjoy their parental rights. Factors a judge may consider when finalizing an agreement include:

• Each parent’s role up to that point. How much have they each contributed to the upbringing of the child, and how well have they cared for the child?
• What is the most stable environment for the child, including their home life, school, and community?
• How willing is each parent to cooperate in co-parenting, including respecting and upholding the other parent’s rights?
• What is the child’s preference if they are old enough?
• Each parent’s health and finances and how these can affect their ability to care for the child.
• Any history of domestic violence or substance abuse.

Custody arrangements can take different shapes based on these factors. An experienced family law attorney can help you gather the evidence needed to prove your parenting skills in court.

Process for Requesting Child Custody

Being aware of the factors courts consider in child custody decisions in New York is the first step in understanding the child custody process. You should also know what the process entails from start to finish so that you can avoid mistakes or delays in your case. Here are the basic steps:

• File a petition: A person who has “a substantial connection of relationship with a child” may file a petition for custody in family court. A request for visitation can also be petitioned from the family court. Child custody can also be requested during a divorce proceeding.
• Serve the respondent(s): Once the paperwork has been filed, the petitioner is responsible for serving one or both parents, depending on the case. The receiving party has the opportunity to respond to the petition.
• Create a family care plan: The parties involved in a child custody dispute can discuss an adequate child custody and visitation agreement and may resort to mediation if they need assistance developing a parenting plan.
• Attend a family court hearing: If neither side can agree upon a specific custody arrangement, they may need to appear in court for a child custody hearing. At this hearing, a judge will hear arguments from both sides and make a decision on the case.
• Final custody order issued: Once the terms of the agreement are settled by both parties or a judge, a final custody order is issued.
• Modifying a child custody order: An order of custody is not finite. A change in circumstances may prompt a judge to modify the order upon request by either party.

FAQs

Q: What Determines Child Custody in New York?

A: A child custody order in New York is determined by a judge or by both parents agreeing on the terms of a custody arrangement. During a child custody case, the court considers what is in the interest of the child. A judge can look at each party’s relationship with the child, who can provide the most stable environment, and how well either side can co-parent, among other factors.

Q: What Is the Biggest Mistake in a Custody Battle?

A: One of the biggest mistakes in a custody battle is putting your interests above those of the child. A child custody dispute can frequently become emotionally charged. This can lead either side to talk negatively to the child about the other parent and to display poor behavior in court. This type of action is ill-advised.

Q: What Deems a Parent Unfit in NY?

A: A parent may be deemed unfit in NY if they are unable to provide a safe and stable environment for the child. If a parent’s action puts a child’s physical, emotional, and mental well-being in danger, they are unlikely to receive custody of the child and may even have their visitation rights limited.

Q: How Do You Win Full Custody in NY?

A: To win full custody in NY, you should demonstrate that your plan is in the child’s interest. This can include showing that you have a strong relationship with the child and can give adequate care and attention to them. However, full custody is never guaranteed, and it may not be deemed in the child’s best interest.

Hire an Experienced Child Custody Lawyer

If you are unsure of what to expect during your child custody case, you can reach out to the trusted team at Trotto Law Firm, P.C. They have assisted many New Yorkers with their family law concerns and are available to do the same for you. Schedule a consultation today to discuss your case.