Child custody tends to be the most sensitive and emotionally charged area of family and matrimonial law. During a divorce proceeding, the physical, legal and/or residential custody of a child or children, as well as parenting time or visitation, need to be resolved by way of settlement or a determination by the Supreme Court or Family Court. New York’s standard is whatever is in “the best interest of the child or children.”
Several factors are considered in determining custody, parenting time, and visitation. These factors may include:
- Current Circumstances: Is there a custody agreement in place?
- Siblings: Under most circumstances, the Courts will attempt to keep siblings together. However, there are situations where the best interests of the children require that they be separated.
- Stability of Environment: Where possible, it is preferable for the child to remain in the same environment, neighborhood, school, etc.
- Financial Circumstances of the Parent: The Court will generally want to ensure that the child has a suitable home, adequate food, clothing, etc.
- Parental Fitness: The Court will want to ensure that the custodial parent is stable and can provide a safe environment for the child. The Court will be influenced by whether one parent suffers from an alcohol or drug problem or mental or emotional instability. A criminal history or a history of being physically abusive to the other parent or the children will likewise influence a custody determination.
- Preference of the Child: This has a greater impact as the child gets older.
- Relationship with and between the Parents: Is one parent alienating the child from the other? Does the child have a significantly closer relationship with one parent? Does that child have a strained relationship with one parent? Will the custodial parent foster a positive relationship between the child and the non-custodial parent?
- Child Abuse and Neglect: Charges of child abuse and neglect are often raised within the context of a custody dispute. Sometimes, such proceedings are initiated in Family Court when no divorce action is pending. Frequently these allegations are serious and have merit. On occasion, they are falsified by one spouse or parent in an effort to gain an advantage in a custody proceeding. Child Protective Services (CPS) or Administration for Child Services (ACS) may be involved.
Contact us today at (631) 927-7770 or via email at info@grfamlaw.com to schedule a consultation.