When you and your partner share a child and find that your relationship is no longer working, you’ll need to determine how to divide custody. In the event you cannot reach a decision, the court can intervene to determine an appropriate arrangement based on what it believes is in the best interest of the child. If you’re unsure how this is determined and the factors the court will consider, you’ll want to keep reading. The following blog explores what you should know about these matters, including the importance of connecting with a Long Island child custody lawyer to help you fight for the best possible outcome.
What Are the Different Custody Options in New York?
When you and your partner file for divorce or break up, it can be incredibly difficult to work out a viable custody arrangement. As such, if you cannot reach an agreement, the court can intervene and determine how to divide custody. Typically, there are two primary forms of custody – physical and legal. Physical custody refers to where the child resides and who is providing them with daily care. Legal custody refers to the right of a parent to make important decisions for the child, like where they go to school or what medical care they receive.
What Do Courts Mean by the “Best Interest of the Child?”
New York courts, like all other states, adhere to a specific standard when determining a custody plan. As such, the courts adhere to the principle that the custody arrangement must be in the best interest of the child. Essentially, this means that the child’s well-being and development are prioritized above all else, including the wants and desires of the parents or the child themselves, if their wishes do not reflect their best interest.
There is no set definition as to what the best interest of a child truly is. As such, the courts will examine each case individually to determine the best arrangement for a family. You should note, however, that in general, the courts believe it is best for the child to maintain a relationship with both parents. This means the court will begin under the assumption that equal custody will be granted, but this is not guaranteed, as the factors the court considers may influence the arrangement. As such, the elements taken into consideration include the following:
- The age and health of each parent
- The income and job demands of each parent
- Where each parent lives in relation to one another
- Where each parent lives in relation to the child’s school, friends, and extracurriculars
- The ability of each parent to provide a safe and stable home
- The willingness of each parent to work with the other on behalf of the child
As you can see, the court takes navigating child custody seriously, which is why you need an experienced attorney to fight for you. At Barrows Levy PLLC, our team understands how difficult these circumstances can be, so we are committed to helping you fight for the best possible outcome. When you need help, our firm is here. Contact us today to learn how we can assist you.
