How Is Custody Determined In New York?

In a divorce, determining who has custody can lead to bitter disputes.

It is important to have a legal advocate who will protect your parental rights. Patrick M. Noe, Jr., Attorney at Law, provides families in the Buffalo area with compassionate and experienced services throughout the entire divorce and custody process. Call our family law attorney to discuss your concerns in a free phone consultation at 716-803-8741.

Establishing A Custody Agreement

There are various types of custody to consider, including:

  • Legal custody: Parents with legal custody have the responsibility to make critical decisions about the child's life regarding their education, religion or health. One or both parents can have legal custody.
  • Physical custody: The parent whom the child lives with most of the time has physical custody.
  • Joint custody: This is the most common type of custody in New York. Both parents share custody and parenting time.
  • Sole custody: Only one parent has physical and legal custody of the child.

The type of child custody arrangement generally depends on each parent's willingness to cooperate and their ability to care for the child. It is important to choose which type of custody best fits your family's situation.

However, the child's best interest always comes before either parents' choices.

The Best Interests Of The Child

The best interests of the child is always the deciding factor of custody. This standard can involve many details, such as:

  • The relationship each parent has with their child
  • The amount of time each parent spends with their child
  • The physical and mental health of each parent
  • The income of each parent
  • Any evidence of alcohol or drug abuse
  • The well-being of the child
  • The child's wishes

Children are resilient, but family courts often try to preserve stability in the child's life.

We Can Help Protect Your Family

You want what is best for your children and your family. We do too. Patrick M. Noe, Jr., Attorney at Law, works closely with you to understand your circumstances and help you determine the best action moving forward.

It is our goal to take the stress out of the divorce process and help you get the results that work for you.

Contact Compassionate Advocates

We can help you protect your children and make your voice heard. Call 716-803-8741 for a free phone consultation or contact us online. Our lawyer is always available to help when you need it.