Help Line: 833-PLG-HELP   |   Nassau: 516-873-8783   |   Suffolk: 631-673-1000
Help Line: 833-PLG-HELP   |   Nassau: 516-873-8783   |   Suffolk: 631-673-1000

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How is child custody determined in New York?

Child custody is important to any parent involved in a child custody dispute. Because of the importance of child custody, it is valuable for parents to understand how child custody is determined in New York.

What is child custody based on?

Child custody is determined based on what is in the best interests of the child. This is different in each situation which is why parents should be familiar with the factors used to determine what is in the best interests of the child. These factors will be evaluated to determine what child custody arrangement is in the best interests of the child, keeping in mind that both physical custody and legal custody of the child need to be determined.

Factors used to determine child custody

Factors used in New York to determine what is in the best interests of the child include the ability of each of the parents to care for the child; the mental health and physical condition of each of the parents; the work schedules of the parents; the ability of the parents to work together; the wishes of the child, depending on the child’s age; and any history of domestic violence or abuse in the family.

These factors will be used to determine which parent should have physical custody of the child or if physical custody should be shared. They will also be used to determine which parent will have legal custody of the child or if the parents will share that responsibility. Legal custody of the child includes the right to make decisions concerning the child’s education, healthcare and religious upbringing.

Child custody can be a tough challenge during any divorce process. Making that easier includes knowledge of how child custody is determined which should always remain focused on what is in the best interests of the child.