New York Child Custody Attorney
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Child custody is one of the most important and often divisive issues in a divorce. If you are involved in a divorce in New York, you and your spouse will have to come to terms with the issue, either through mutual agreement or through the courts. In any child custody issue, it is important that you fully understand all of the legal aspects and consequences of custody. It’s crucial to work with an attorney who practices primarily in the field of divorce and family law. With the Steward Law Firm, you are guaranteed to have an attorney who is familiar with the local courts and judges.
How Does the Court Determine Child Custody?
In custody cases, the family court’s top priority is to make choices that are in the child’s best interests. When deciding what is best for the child, they will consider such matters as:
- The physical and mental health of the parents
- The physical and mental needs of the child
- Which parent has served as the main caregiver for the child
- Any special needs the child may have
- If there is a history of domestic violence
- Both parents’ schedules
- Both parents’ ability to properly care for the child
- The financial situations of both parents
- The child’s relationships with other family members
- Each parent’s ability and willingness to cooperate with the other
- The child’s wishes, depending on their age
Child Custody in New York State
Custody is broken down into 2 parts: legal custody and physical custody. Legal custody gives you the right to make major decisions about your child's health, education, religious training, and general welfare. Physical custody pertains to where and with whom the child will primarily live.
According to New York State laws, courts do not favor either parent more than the other in making a decision concerning child custody. Custody may be awarded as sole custody or joint custody. Courts will take into account many factors in determining this issue.
If you are seeking a court action relating to child custody in New York, you should contact a skilled attorney to handle your case. By discussing your case with our child custody attorney, you can get the legal advice and guidance you need.