For most parents, one of the most difficult parts of filing for divorce is custody. It can be difficult to imagine relinquishing time spent with your child when they are with their other parent. However, many parents are unaware of the factors that influence how the court determines these matters. As such, if you are about to begin a custody case, the following blog explores the different outcomes you can anticipate and the factors the court will consider when issuing a decision. You’ll also learn the importance of working with a Somerset County child custody attorney to assist you through these difficult matters.
Are There Different Types of Custody?
Generally, two different forms of custody can be awarded during a divorce. The first is legal custody, which can be joint or awarded to one parent. This refers to the right of a parent to make decisions on behalf of the child, such as where they go to school, the medical care they receive, and even what religion they practice. If legal custody is granted to both parents, which is often the default, they must discuss these matters before making a decision. However, in some circumstances, the court may award sole legal custody to one parent if the other parent is not fit to make these decisions. If this is the case, the parent with sole legal custody does not need to consult the other parent before making a decision for the child.
The other form of custody that can be awarded is physical custody. This refers to where the child lives at any given time. Generally, you’ll find that the courts will do everything possible to split custody evenly between the spouses, as they believe it is best for the child to maintain a relationship with both parents. However, there are certain circumstances in which the courts determine that it is not conducive for the child to remain in the care of one parent. As such, sole custody would be awarded, meaning the child will remain in the care of one parent with visitation time with the other.
What Factors Do the Courts Consider When Deciding Custody?
Custody matters are something the courts in New York take very seriously. As such, when looking at the different factors that influence the outcome of this process, the courts must adhere to a standard known as “the child’s best interest.” Essentially, this means the court will prioritize the health, well-being, and success of the child above the wishes of the parents to ensure the child is placed in the best possible environment. As such, the elements the courts will consider include the following:
- The age and health of each parent
- The ability of each parent to provide a safe and stable home life for the child
- The willingness of the parents to cooperate with one another
- If the child has siblings
- Where each parent lives in relation to one another
- Where the parents live in relation to the child’s school and community
- If there are any allegations of substance abuse, physical abuse, or
It’s imperative to understand these are not the only factors the court will consider, as they can examine any factor deemed relevant when deciding on custody matters.
As you can see, a considerable amount of thought goes into the court’s decision on custody matters. That is why it is critical to connect with an experienced attorney who can assist you in these times. At the Siragusa Law Firm, we understand how nerve-wracking it can be to fight for the custody you deserve. That’s why it’s in your best interest to contact our firm when you need assistance during these difficult matters. Reach out today to learn how we can assist you and your family.