Agreeing on who will have custody of the children is a contentious issue for many parents who separate in New York. State law does not show favoritism to either mother or father when making such a determination when couples fail to agree. State law makes it clear that in all custody actions, the best interest of the child is the primary goal of any decision the court makes.
Working with an experienced custody lawyer can help you determine the best custody option for your circumstances and help you protect your parental rights.
Types of Child Custody in New York
To better understand the types of child custody New York allows and the conditions of each, we have compiled a quick overview of each below.
Physical Custody
This type involves one parent receiving physical custody of the child. New York law determines this parent to have custodial and residential authority, and the non-custodial parent will have visitation rights unless the court decides against it. It is also possible that one parent may receive sole physical custody of the child involved.
It is also possible for both parents to be treated as custodial parents in a joint physical custody decision. This would mean that the child would also spend extended amounts of time with both of the parents, which the court may determine in a visitation arrangement.
Legal Custody
Joint legal custody is favored by New York courts because it best supports the best interests of the child in most cases. This form of custody makes it possible for both parents to contribute to decisions for their child in matters of education, health, and religion.
Sole legal custody does not facilitate this level of participation and allows only one parent to conduct decision-making. This type of custody situation usually involves serious circumstances where the best interest of the child is at risk.
Temporary Custody
Once a New York custody case is filed, the court may award temporary custody to one of the parents until a final determination is made. Once the case has concluded and custody is awarded, the new order will replace the temporary version.
Determining what custody type is best for your situation is difficult for many couples and relying on a knowledgeable New York custody lawyer is often the wisest first step.
What Factors May Affect Custody Type?
Several factors can have an enormous impact on how your custody case will turn out. New York courts take custody agreements and how these benefits involve your children very seriously.
Some additional factors that can make or break a custody agreement submitted to the court include:
- Relationship between child and parent
- Willingness to co-parent
- Stability of the child’s social life
- Ability to parent
- Number of children
- Ages of children
- Financial circumstances of the parents
- Employment schedule of the parents
- Preference of the child
- Distance of the parental homes
Joint custody arrangements require close attention to your child’s welfare, and if you cannot agree on schooling or religious traditions, the court may not accept your agreement and create one of its own. If you find you cannot reach an agreement with your ex-partner, it is vital to speak with an experienced custody lawyer right away before letting the court decide for both of you.
Trust New York Custody Lawyer Katherine Ryan with Your Custody Issue
Families that are struggling to reach an agreement on child custody may feel there is no recourse except for letting the court decide. This does not have to be the case if you work with an attorney that has extensive knowledge of New York custody law.
The Law Office of Katherine Ryan, P.C., represents clients who are unable to reach an agreement with their ex-partner that they feel best benefits their child. Attorney Katherine Ryan takes an empathetic approach to complex custody disputes and works with you to build the strongest argument for your custody argument to the court.
We provide our custody services to clients in Garden City, Nassau County, Suffolk County, Westchester County, and Long Island. Contact The Law Office of Katherine Ryan, P.C. today for a comprehensive evaluation of your family law issue.
