What You Need to Know About Child Custody in New York

Getting divorced with children in New York can be a challenging experience.  Whenever there are children involved, it can complicate divorce matters because of issues that have to be resolved such as child custody.  It is important to be knowledgeable about New York laws regarding child custody.  The best way to know what your responsibilities are and how to best handle going about custody is to consult a NY divorce lawyer.  In the meantime, let’s discuss what you need to know about child custody in New York City.

Child Custody in New York

What Are the Different Types of Child Custody in New York


The two different types of child custody in New York are legal custody and physical custody. Legal custody pertains to how decisions regarding the child’s life are made. Legal custody includes making decisions about the children’s education, religion, health care choices, and more.


The other type of custody pertains to physical custody.  Physical custody means where the child will live in a day-to-day basis. 


In a New York child custody battle, the court may determine if only one parent gets custody of the child or if the court will award joint custody. It is important to note that even if both parents have joint custody in NYC, the court can still assign one parent as having primary custody of the child.  The primary custody would determine the child’s primary residence.


How Does the New York Court Decide Who Gets Primary Custody in NY?


The court’s job and the judge’s responsibility is to ensure that the child’s best interests come first; above anything else. The court will evaluate many factors related to how the parents interact with each other and treat their child. They will want to know what the child’s relationship is with each parent as well as both parent's work schedules and childcare plans. Furthermore, they will want to know which parent can provide the most stable home environment that meets the needs of the child. The court will also look for any history of domestic violence and factor that into the decision-making process. If the child is old enough to communicate their wishes, that will also play a role in determining the outcome of custody in New York.


How to Prepare for a Child Custody Hearing in New York City


Keep Accurate Documentation: document things such as when you spend time with your child, and any important conversations you have had with your ex-spouse. Document any situations that occurred that could potentially be a red flag.


Understand What is Best for Your Child: be prepared to convey how you can best meet the emotional, educational, and health needs of your child. For example, if your child is highly involved in school activities and relocating may disrupt their schooling, that must be considered if it is best for the child or not.


Try to Compromise:  the more you are willing to compromise with your soon-to-be ex-spouse, the easier it will be to come to an amicable resolution. This will not only be a less stressful solution but will also keep your divorce expenses down. You might want to consider divorce mediation to help resolve some of the difficult situations that you are having trouble agreeing upon.


Need Help With Child Custody Matters in Manhattan?


Call Sabra Law Group today at (646) 472-7971 if you need assistance with child custody or divorce matters.  Sabra Law Group can help you mediate your divorce so you can come to a resolution sooner and take some of the pressure off when it comes to communicating with a difficult spouse.



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