Suffolk Family Lawyer

How is Custody Decided?

Custody is one of the most prominent and most contentious issues of divorce. Deciding custody can be an emotional and trying time for both parties. At Simonetti & Associates, our Suffolk family lawyer will fight for you and your family to ensure that your children’s best interests are at heart. If you are interested in learning more about the custody decision process, continue reading below. 

Custody Laws in New York

When parents in New York divorce, they will need to either reach a custody agreement or leave the decision up to the judge. In any case, the child’s best interests are at the heart of any custody decisions. There are two types of custody in New York:

  • Physical Custody – The parent with primary physical custody lives with the child full time. Parents can have joint physical custody, or one parent may have sole physical custody. Joint physical custody means that both parents spend significant parenting time with their child, but this does not necessarily mean that they spend equal amounts of time with their child. 
  • Legal Custody – The parent with legal custody can make medical, religious, legal, or educational decisions on behalf of the child. In many cases, it’s best for both parents to share legal custody. In some unique circumstances, legal custody arrangements may not be suitable. Our Suffolk family lawyer will evaluate your family’s situation and help you determine which arrangements are best for you. 

The most critical factor in New York custody disputes is the child’s best interests. There are specific factors that constitute what these interests are for the child. Best interests can potentially include any of the following:

  • The length of time the child has lived with either parent.
  • The child’s primary residence. 
  • If the child has special needs that one parent is more equipped to manage. 
  • There are domestic violence issues in the family. 
  • Which parent can better provide for the child. 

After a divorce, certain situations may warrant a custody modification. Our experienced Suffolk family lawyer will help you through this process and build your case to ensure that your outcome is beneficial to the interests of your children. 

Contact Our Suffolk Family Lawyer

Divorce and custody battles can take a toll on your family. At Simonetti & Associates, our dedicated and experienced team has helped countless families work through these disputes with no worry. Contact our office today to schedule a free consultation. 

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