Understanding Child Custody Actions in New York

When your marriage is heading toward divorce, it is important to understand the road ahead as it relates to your children.

It is the responsibility of parents to maintain a civil and stable environment for their children as the adults move through divorce. Divorce severs the relationship between spouses, not between children and their parents.

While many parents are able to put disagreements and unhappiness aside and create reasonable parenting time arrangements for their children, some cannot. Sometimes a bitter divorce affects custody or one uncooperative partner creates a need for litigation. When parents cannot agree, decisions about child custody and parenting time are left to the court.

Agreements made between parents about the care of their children are always preferable to those created by a court. A court may order an investigation or request assistance from other professionals to guide its decision.

A child’s best interests

The court makes a decision based on the best interests of your children. Factors used to determine best interests:

  • Nature of the relationship between the children and parents
  • Willingness of either parent to work with the other to co-parent
  • Historical involvement of each parent, parenting ability and availability
  • Preference of the children if they are old enough to express a mature opinion

Retain experienced legal counsel at the outset of divorce if you believe a custody conflict lies ahead. A skilled attorney helps you navigate your case, provides important advice as you move through hearings and helps you reach an outcome favorable to you and your family.

Conflict over custody and parenting time damages children and affects their well-being. When you have questions about custody, speak to an experienced family law attorney in New York.

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