It is admirable to want to work with your former spouse to find solutions to your child custody situation. Working together offers several benefits, including less stress for the children and a potentially speedier resolution. However, sometimes, individuals can’t agree on a mutually beneficial solution that addresses their needs and the child’s needs. When this happens in New York, parents should know their legal options and what comes next.
Understanding New York Child Custody
Often, parents find it easier and less stressful to work with one another to find solutions to their child custody situation. Unfortunately, there are times when a divorcing couple cannot agree on a child custody arrangement or has issues finding solutions that both meet their needs and the best interests of their child. When this happens, custody can be determined through the New York family court system as part of a divorce or child custody case.
The court evaluates the child’s best interest and determines what amounts to a fair custody arrangement that addresses the child’s basic needs and interests. Criteria the court uses to establish the child’s best interests can include:
- Stability and home environment of each parent
- The ability of each parent to provide for the child’s basic needs
- The physical and mental health of each parent
- Each parent’s ability to care for the child
- The bond between each parent and the child
- Whether the child has special needs
- How long the child has been residing with each parent
- Whether the child has siblings and the custody arrangement involving those siblings
- The ability of each parent to foster a healthy relationship between the child and other parent
- Whether there is any history of domestic violence, abuse, neglect, or drug and alcohol abuse
Depending on the age and maturity of the child, a judge can also consider child preference and any other factors the court deems necessary to make a decision based on the child’s best interests.
New York Custody Arrangements
If parents cannot agree independently, the court can help resolve their differences and establish a child custody and visitation arrangement. The New York family court system recognizes the value of allowing a child to establish and maintain a meaningful relationship with both parents.
Custody arrangements outline physical and legal child custody. Physical custody refers to where a child primarily lives. Legal custody refers to a parent’s ability to make significant decisions on behalf of the child. The court can assign joint legal, joint physical, or sole custody based on what is best for a child’s emotional and physical growth and development.
A Compassionate New York Child Custody Attorney Can Help
At The Law Offices of Gildin Chapman, our compassionate child custody attorneys want to help protect you and your family by carefully reviewing your case and helping you find legal solutions to your child custody challenges. We advocate for you and your child, want the best possible outcome for your situation, and work fast to address emergency situations. Contact our New York office today at (516) 524-5657 to arrange a confidential legal consultation.
