Each state has slightly different child custody laws, which often makes it difficult for people to know exactly how their case will end. There is also a great deal of myth surrounding child custody cases. That is why it is invaluable to hire a divorce attorney who practices all types of family law.
At Elliot Green Law Offices, we understand that having sound legal advice is invaluable to anyone going through a child custody case, which is why we offer a free consultation to help answer any questions you might have that aren’t addressed here. To schedule a consultation, Call Us At 718-260-8668 Today!
1. How Will My Divorce Affect Child Custody?
The New York State Unified Court System page explains that your divorce will impact your child custody case in many ways depending upon what kind of divorce is filed. If it is based on no-fault, the judge will tend to favor a joint custody resolution, meaning that both you and your ex will make the important decisions for your child’s future together.
Alternatively, if your divorce is based on fault grounds, the judge will be more willing to award sole custody. It is important to note that even when sole custody is awarded, visiting rights are usually granted to the other party.
2. What Factors Will The Court Take Into Consideration When Determining Child Custody?
There are many different factors that the court will use to determine what type of ruling is appropriate. Contrary to popular belief, however, New York courts do not favor mothers over fathers, choosing to base their ruling instead on the best interests of the child.
The court will consider the amount of time each parent would have for the child by taking stock of the work schedules and other obligations of each parent. A judge will determine which parent is best able to provide care to the child by examining the physical and mental health of each party. If the child is older than 12, the court may also consider the child’s wishes.
These two answers do not provide a comprehensive picture of the child custody process, and we understand that you probably have a great deal of questions. To schedule a free 30-minute consultation with an attorney to discuss the details of your case, Call Us At 718-260-8668 Today!