One of the most difficult parts of divorce for parents is the custody battle that can ensue. Even spouses who are on amicable terms may struggle to find an adequate arrangement without the intervention of the court. If this reflects your circumstances, understanding what elements the courts will consider when making custody decisions on Long Island is critical. The following blog explores what you should know about these difficult matters and the importance of working with a Long Island child custody lawyer to guide you through these complicated times.
What Are the Different Custody Arrangements?
When parents are embroiled in a custody dispute, it’s important to understand the different arrangements the court can offer. There are two kinds of custody – legal and physical – which can be awarded as joint or sole custody. Physical custody refers to the child’s living arrangement and who is responsible for providing for them on a daily basis. When both parents have equal time with the child, it is a joint custody arrangement. However, sometimes the court will determine that only one parent is fit to have physical custody, or the other parent lives too far away to share equal custody. As such, one parent may be granted sole custody while the other receives visitation rights.
Legal custody, on the other hand, refers to the right of a parent to make important decisions for the child. This refers to matters like where they go to school, what activities they participate in, the medical care they receive, and even what religion they follow. Like physical custody, this can be shared between parents or become the sole right of one parent. If legal custody is shared, it’s important to understand that the parents must discuss these matters before making decisions.
You should understand that generally, the courts believe it is in the best interest of the child to maintain a relationship with both parents. As such, the courts begin each custody decision with the belief that joint custody is ideal. However, as they examine the different circumstances, this can change to ensure the child is safe and happy.
What Factors Impact the Outcome of Custody Decisions on Long Island?
First and foremost, it’s critical to understand that the court adheres to the “child’s best interest” standard when making custody decisions. Essentially, this means that the court will prioritize and consider when the best outcome for the child would be in these matters as opposed to prioritizing the wants and wishes of the parents. This is because the court is ultimately responsible for placing the child in the most effective and safe environment. As such, the following are the most common factors the courts will consider when hearing custody cases on Long Island:
- The age and health of each parent
- The willingness of each parent to provide a safe and stable home for the child
- The ability of each parent to cooperate with court orders
- The willingness of each parent to co-parent
- The income of each parent
- The job responsibilities and duties of each parent
- Who the child’s primary caretaker was prior to the divorce
- Allegations of child abuse, neglect, or substance abuse
As you can see, child custody is an incredibly important matter. That’s why working with an experienced attorney with Barrows Levy PLLC is in your best interest if you are going through a custody dispute. When you need assistance, our firm is ready to fight for you. Contact us today to learn how we can help you and your family navigate these challenging times.
