New York Divorce Lawyer Blog
In deciding which parent should have legal custody of a child, New York Courts consider the following factors:
- Which parent has been the Primary Caregiver;
- Which parent is more available;
FACTORS FOR BUILDING A POSITIVE NEW YORK CHILD CUSTODY CASE
Articles Posted in Child Custody
Child Custody in New York
New York courts always determine custody based on what is in the best interest of the children. If there is no court order or a written agreement between the parties, then both parents have equal rights to physical and legal custody of the child. Where modification of existing order of custody and parental access is sought, the party seeking it must make a showing of a change in circumstances such that modification is required to protect the best interests of children. “Substantial change in circumstances” is a high standard. Courts tend not to disturb custody arrangements ordered or agreed to by the parents unless the change in circumstances is such that the child’s best interest is no longer served. The best interests of a child are determined based upon the totality of circumstances. One of many factors the courts look at is the custodial parent’s willingness to foster a meaningful relationship between the child and the noncustodial parent. Contact Rudyuk Law Firm to speak with attorney Ksenia Rudyuk for more information. 212-706-2001
Does Personality of an Adolescent Matter When Contemplating Shared Physical Custody?
When contemplating a shared physical custody schedule for an adolescent, the child’s personality shall be considered.
One of the common arguments in custody cases is that children should be able to spend “equal” time with both parents so that they may develop a meaningful relationship with each parent. Many advocates believe that shared custody by default is in the best interests of the child. However, some children are highly flexible and adapt to being mobile between two homes; others do not.
The child’s unique characteristics such as personality and temperament shall be considered when determining whether shared physical custody is in the best interest of the child.