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Family Law Attorney Explains How Child Custody is Determined in New York January 16, 2018

Central Business District, Rochester
Family Law Attorney Explains How Child Custody is Determined in New York , Rochester, New York

When ending a relationship with your child’s other parent, whether you were married or not, the most important issue you’ll have to think about is custody. In the past, New York family law courts routinely awarded the role of custodial parent to the mother, but this has long since changed. Now, both parents have an equal chance of getting custody. Each case is carefully reviewed to determine the best interests of the child before a final decision is made. The attorneys at Lacy Katzen LLP have helped numerous Rochester, NY, residents successfully present compelling arguments explaining why the children should be in left in their care. Below, they provide an overview of how custody is typically established.

Types of Custody Family Law Courts Grant to Parents

Joint custody is the most common, and it allows both parents to have balanced time with the children. Depending on the circumstances, the judge may find it necessary to give one parent sole custody. Legal custody will delegate either one or both parents with the responsibility to make important medical, educational, and religious decisions for the children. Orders for physical custody will state where the children should live and what the visitation schedule will be for the other parent.

Factors Taken Into Consideration

family lawNew York family law courts consider several factors when determining the best interests of the children. This generally includes the history of caretaking, capability of providing for the children’s basic needs, work schedules, and financial stability of each parent. They will also consider if there have been any issues with domestic violence, substance abuse, and the mental and physical health of each parent. Another vital element that helps a judge make their decision is whether or not a parent will foster the relationship between their children and the other parent.

The custody of your children is not something you should leave up to chance. If your case will be decided by the legal system, it’s crucial to be represented by a family law attorney who will work on your behalf to show the judge why you’re the best choice to raise your children. Contact the offices of Lacy Katzen LLP at (585) 454-5650, or visit their website for additional information.  

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