New York Child Custody

Of all family law matters, child custody can be the most sensitive to deal with.  Child custody refers to the legal responsibility for the care and security of the child (under the legal age of 18).  Parents are forced to make difficult decisions that will impact their child’s way of life when they consider custody options.  Sometimes, parents cannot agree on custodial matters, which can quickly lead to complicated emotional problems.  When parents cannot agree on custodial matters, the courts may have to intervene to ensure that the child’s best interests are taken into consideration.

Custody Factors
Before the court awards custody to one parent or both, it will examine certain factors.  These factors allow the court to make a decision that will be in the child’s best interest and ensure the child’s security.  The factors the court will consider are:

• Which parent has been the child’s primary caregiver.
• Which parent the child is currently living with and how the arrangement is working for the child.
• Each parent’s ability to provide emotional, mental, and financial support for the child.
• Each parent’s income status.
• The quality and condition of each parent’s household.
• The child’s preference (if they are above a certain age).
• The child’s current daily routine, such as where they attend school.
• Any history of violence or abuse by each parent.

Types of Child Custody
In New York, there are two types of custody:  physical and legal.  When the court issues a custody order, it will address the physical and legal custody of the child involved.  The court will also decide if the parents have sole or joint custody. 

• Physical Custody refers to the actual physical placement of the child.  When a parent has physical custody, it means that the child lives with them on a daily basis.
• Sole Physical Custody means that the child lives with one parent and not the other.
• Joint Physical Custody means that the child will live with both parents for set time periods.  These time periods may or may not be equal.  
• Legal Custody refers to the right to make decisions related to the child.  These decisions may be in relation to things such as the child’s medical care and schooling. 
• Sole Legal Custody means that one parent is responsible for making all decisions pertaining to the child. 
• Joint Legal Custody means that both parents are responsible for making decisions on behalf of the child. 

New York Divorce Attorneys

If you are going through a family law matter, it is to your benefit to speak with a skilled attorney who understands New York child custody law.  At the Law Offices of Scupp & Berman, LLP, our attorneys have over 20 years experience with family law cases.  When you work with our law offices, you will receive the knowledge, attention, compassion, and professional legal representation you need to be comfortable throughout child custody matter. 

Our initial consultations are free of charge so that you can seek the guidance you need without having to spend money on unjustifiable fees.

Contact The Law Offices of Scupp & Berman, LLP
(516) 683-1990

The Law Offices of Scupp & Berman, LLP proudly serves clients throughout New York in Long Island, Garden City, Suffolk County, Nassau County, and Mineola.