Custody Litigation in New York
In New York State, custody is determined by the courts until the child reaches the age of 18. When a petition for custody is filed, the court will award custody based on the best interests of the child. Several factors are considered in this ruling, among them:
- Child safety. If there is a history of drug and alcohol misuse, child abuse or neglect, or other domestic abuse, the parent responsible for these actions is less likely to receive custody.
- Existing primary caretaker. If one parent can demonstrate they have been the primary caretaker for a substantial amount of time, the court will take this into consideration in its decision.
- Childcare arrangements. It is commonplace for both parents to work outside the home; if one parent shows more favorable childcare arrangements, this will be weighed in determining custody.
- Physical and mental health. Untreated mental illness, emotional instability, and physical disabilities that affect the parent’s ability to care for the child will be key factors in custody litigation.
- Home and financial conditions. If one parent is financially unstable, unable to provide adequately for the child, or there is evidence they will be unable to provide a safe home, this parent is less likely to be awarded custody.
- Child’s preference. If a child has a strong preference to live with one parent over the other, this will be taken into consideration, especially the older the child is. The court will look closely at the reasons for the preference to ensure that they align with the child’s best interests.
The court will consider additional factors as they relate to the best interest of the child. It is a lot to consider and the parent seeking custody will want to put their best foot forward in demonstrating their value as a parent to the court.
An experienced custody litigation lawyer will know the ins and outs of the system to help you provide evidence to the court that you are the best parent suited to be awarded custody of your child.
Common Custody Litigation Questions Answered by Top Custody Law Attorney
If Two Parents Share Custody, Will One Have to Pay Child Support?
Yes. Under New York State law, the non-custodial parent—the parent who has less than 50% of physical custody of the child—will owe child support to the custodial parent. If the parents split custody 50/50, with no evidence that one parent has physical custody even slightly more than 50%, then the parent who earns a higher income is determined to be the non-custodial parent. These cases are not common, but it is possible. If these parents agree to, the custodial parent may contractually waive child support.
How is Child Support and Spousal Maintenance Calculated in Any Divorce Case in New York?
It is important to note that spousal support is only applicable in certain cases. New York State has a calculator on the public domain at ww2.nycourts.gov that calculates maintenance for New York divorces. Read More
Is A Stay-At-Home Parent Automatically Going To Be Favored In Any Sort Of Custody Arrangement In A Divorce Case? Is The Parent Who Works Outside Of The Home At A Disadvantage, Especially If A High Net Worth Individual Works Long Hours Or Travels?
If the lifestyle establishes a stay-at-home mom and an outside working dad, that couple is quite fortunate, and the likelihood is that the earning spouse is able to adequately provide for the family. Read More
Hiring a Child Custody Attorney in New York
Child custody litigation should not be left to chance. If you are looking for the best attorney for child custody in New York, call the Law Offices of Alan L. Finkel. Mr. Finkel is one of the top attorneys for child custody, serving as a family and custody lawyer for 35 years. Call (631) 462-3100 today to schedule your complimentary 30-minute zoom consultation.
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