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How New York Family Law Courts Determine Child Custody May 14, 2018

Central Business District, Rochester
How New York Family Law Courts Determine Child Custody , Rochester, New York

Many issues must be worked out when two people decide to end their marriage; however, there is nothing more challenging than figuring out a child custody and visitation schedule. Though parents are given the opportunity to come to an agreement on their own, it’s not always possible to do when both want to spend as much time with their children as possible. This is when the family law courts must step in to help make a decision on the matter. According to the attorneys at Elliott Stern & Calabrese in Rochester, NY, laws are designed to advocate on behalf of the children involved in divorce cases. 

What Family Law Judges Consider When Establishing Child Custody Orders 

Types of Custody 

family lawThere are two main types of child custody that New York family law courts rule on. Legal custody establishes whether one or both parents will be granted the responsibility to make important life decisions for their children on matters such as education, health care, and religion. Physical custody refers to whom the children will live with. In addition to legal and physical custody, judges will also decide if the parents should share joint custody or if one parent should be given sole custody. 

Best Interests of a Child 

In New York, judges are committed to determining custody arrangements based on the best interests of the children. Several factors are considered before a final decision is made. These include each parent’s relationship with the children, physical and mental health, financial stability, willingness to cooperate, living environment, and work schedules. They will also consider if one of the parents have a history of domestic violence or substance abuse. 

Child custody can be one of the most difficult aspects of a divorce due to the sensitive nature of the topic. A family law attorney from Elliott Stern & Calabrese can answer any additional questions you may have about the New York custody process and help you properly prepare your case for the courts. Contact them at (585) 232-4724, or visit their website for more information on how they can assist you through your divorce proceedings.