New York Divorce & Custody
In most divorce cases, the most challenging aspect is deciding which spouse will have physical and/or legal custody of the children. When children are involved, the divorce can no longer revolve around the needs of the spouses. Divorcing spouses must focus their attention on the needs and best interests of their children.
Often times, spouses will find it difficult to come to a mutual agreement on who will have custody of the children. One or both of the spouses may feel that he/she can provide better care for the child, which usually leads to further arguments. It is important to remember that when parents get involved in a child custody battle, they are not only exhausting themselves, they are also jeopardizing the emotional well being of their children.
Child Custody and New York Courts
If parents cannot come to an agreement regarding the custody of their children, the New York courts must intervene. In all child custody cases, the primary goal of the court is to vigilantly protect the best interests of the child. In order to determine the best interests of the child, the court will evaluate each parent’s ability to provide satisfactory care and security. The court will consider a variety of factors before awarding custody to one or both parents. These factors are:
- The quality of care offered by each parent
- The quality of each parent’s home
- Which parent the child is currently residing with and the duration of that arrangement
- Which parent the child prefers to live with
- The financial status of each parents
- All incidents of domestic abuse, if any
- Whether the child will be separated from siblings
- The ability of each parent to provide proper healthcare for the child
- The willingness of each parent to accommodate the custody arrangement
Types of Custody
In New York, there are two types of child custody that may be awarded by the court. They are physical custody and legal custody. Physical custody refers to where the child will live on a daily basis. Legal custody is the right to make decisions on behalf of the child. These decisions may relate to things such as the child’s healthcare or education.
The court must decide if physical and legal custody will be awarded to one or both parents. If both parents are awarded physical and/or legal custody, it is called joint custody. Joint physical custody means that the child will live with each parent for a set length of time. Joint legal custody means that both parents are responsible for making major decisions regarding the child.
New York Child Custody Attorneys
If you are currently involved in a divorce, and you are having a child custody dispute, you should speak with a skilled New York child custody attorney. The knowledgeable attorneys at The Law Offices of Martin K. Lang have over 20 years experience helping clients with their child custody and divorce matters. At The Law Offices of Martin K. Lang, our family law attorneys are attentive and compassionate to our clients needs. When you work with our experienced child custody attorneys, you can be assured that you are retaining reliable legal representation and up-to-date resources. We will do everything possible to make sure your child custody case is handled in a timely, professional manner.
Our initial consultations are free of charge so that you can seek the guidance you need without having to spend money on unjustifiable legal fees.
Contact The Law Offices of Martin K. Lang
(516) 227-2255
(631) 226-4200
The Law Offices of Martin K. Lang proudly serves clients throughout New York in Long Island, Garden City, Suffolk County, Nassau County, and Mineola.
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