The basics of New York child custody

April 26, 2013

New York's family courts handle thousands of child custody cases annually. Anyone involved in a contested custody case should have a basic understanding of how the custody process works in order to make the navigation through the court system as painless as possible.

An overview

The blanket term "child custody" actually describes two very different types of custody, both of which have an exceedingly important role in the child's life.

Physical custody, for instance, deals with where the child physically resides. Physical custody is most often either full-time with one parent or split jointly between them. Depending on the unique circumstances involved, though, different custody arrangements - having the child reside with a third party like a relative or family friend, or in a state-sponsored institution - might be appropriate.

Legal custody is more abstract, but just as important. Legal custody deals with making important decisions that can affect the child's well-being and upbringing, including questions about:
- Religious influence
- Education
- Medical care
- Extracurricular activities
- Contact with extended family members or third parties

What the court considers

When making custody determinations, family court judges have wide discretion to act in the child's "best interests." This means that the judge will consider many different factors about each parent and the child himself (or herself) and then determine a custody arrangement that best meets the child's physical, mental and emotional needs. Factors the court can consider include:
- Age of both parents
- Health of all parties
- Relationship with siblings in families with multiple children
- Substance or domestic abuse issues
- Housing situation for both parents
- Employment of the parents
- Ability of the parents to cooperate and share parenting duties
- Religious influence
- Child care options for each parent
- Whether extended family members should have access to the child
- The child's preference (if he or she is old enough to express a preference)
- Amount of quality time spent with each parent prior to the custody dispute
- Other factors that will aid the judge in making the determination

Related issues

Along with making a determination about the physical and legal custody of a child, family court judges also must decide how much contact the non-custodial parent will have with the child (if one party is granted sole physical custody). This determination is interchangeably known as "visitation" or "parenting time." Public policy - and tradition - dictates that a child will usually benefit from having a relationship with both of his or her parents, so judges attempt to enable the parent/child relationship whenever possible. Sometimes that sort of arrangement just isn't feasible, though.

Judges have a great deal of flexibility when it comes to making visitation arrangements, and creative solutions are possible to work around issues that one or both parents may have. If, for example, there are allegations of physical or verbal abuse by one parent, the judge might order that all visits between that parent and the child take place under the supervision of a third party or in a neutral location like a shopping mall or restaurant. Supervision might also be required if one parent is at risk for trying to take the child and leave the jurisdiction.

Are you dealing with a child custody dispute? Concerned about the relationship between you and your child? Want to modify an existing custody arrangement? An experienced family law attorney can help you with these custody-related concerns and more.

Article provided by O'Brien & Associates
Visit us at www.obrienassociateslaw.com