Will I Get Custody of My Child in New York?

A cheerful moment between a father and his young daughter, sharing smiles and a hug on a sunny day, surrounded by nature’s vibrant touch, far from the thought of needing a divorce lawyer near Nassau

Child custody decisions are often determined in the court in New York, which takes into account any factors they deem relevant to each particular situation. Continue reading to discover how child custody is determined in New York and how a skilled Nassau County family law attorney at Barrows Levy PLLC can help you protect your child’s well-being.

What are the types of custody in New York?

There are two types of child custody in New York: physical and legal custody. Physical custody refers to which parent the child will live with for the majority of the time, and legal custody gives a parent the authority to make critical life decisions on behalf of a child, including those involving education, religion, healthcare, and more.

How is child custody determined in New York?

In most cases, courts will prefer to split joint custody evenly between parents, however, there are times when one parent will receive sole custody of the child.

The court makes decisions based on the best interests of the child, presuming that it is best for both parents to share responsibility for the child’s well-being. However, a decision for joint custody is not the case when there are circumstances that make this arrangement harmful to the child’s best interest.

The court will examine the following factors when determining custody:

  • The safety of the child.
  • The child’s needs.
  • The quality and continuity of the child’s education.
  • The physical and mental health of each parent.
  • The stability of the home environment.
  • The geographical proximity of the parents’ homes.
  • The parents’ employment responsibilities and lifestyles.
  • Any history of domestic violence.
  • Any history of drug abuse.
  • Any history of alcohol abuse.
  • The preference of the child, if of sufficient age.
  • The relationship of the child with their parents.
  • The relationship of the child with their siblings.

Can I modify my child custody terms?

It is possible to change your child custody agreement in the months or years after your custody agreement was reached. However, to obtain a modification, you must provide the court with evidence to prove that the modification is truly warranted and necessary and that the modification will work toward your child’s best interests.

Contact Our Experienced Nassau County Firm

Barrows Levy PLLC is a dedicated New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you require a lawyer who has notable experience handling family and estate planning matters, we are available to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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