Understanding Child Custody Law in NY

If you are a parent wishing to file for child custody in the state of New York, you should familiarize yourself with the state’s child custody laws first. In a child custody case, the court’s job is to decide what is in the best interest of the child. Although there is no clear-cut way to know what the court will ultimately determine, certain factors usually have an influence.

Listed below are five things courts typically consider when determining child custody:

  • Finances. If one parent lacks the financial ability to provide the child with basic needs and services, then than that parent is less likely to be awarded custody.
  • Home environment. Children need a safe and loving environment to grow up in. The court will certainly consider which parent can provide the best home environment for the child.
  • Alcohol or substance abuse. If one parent has a history of alcohol or drug abuse that is still an issue, it can affect the court’s decision.
  • Availability. Courts generally favor the parent who has time to spend with their children to provide for their needs. If one parent works all the time, or for some reason has limited availability, a court will generally award custody to the other parent.
  • Mental or physical health. If any mental health condition or disability severely affects a parent’s ability to care for a child, this will play a role in the court’s decision.

The results of a child custody battle can have a severe impact on the rest of you and your child’s life. Contact a child custody attorney who can help you protect your rights and provide you with sound legal counsel throughout the proceedings.

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