How to get child custody
How to get custody over children is one of the most important issues to be dealt with in court or by agreement between the parties. In New York, there are two different types of custody that the court may consider: legal custody and physical custody.
Legal Custody
Legal custody also called decision making custody means which parent will have the right to make tthe decisions in major areas of the life of the child including education, religion.
Legal custody is not automatically related to whom the child lives with. For example, a parent with legal custody may be given the right to decide where the child attends school and the type of healthcare they will receive. In New York it is possible for the parents to have joint legal custody so that one parent decides on schooling and the other decides on religion and the other decides on education.
Physical Custody
Physical Custody relates to which parent the child spends most time with or the parent who the child resides with. In New York a court may grant an order for joint physical custody which is joint residetial custody where a child lives between both parents.
Getting Custody of the Children
In deciding which parent should get child custody, a court is guided by the principle of determining what is in the best interests of the child. Some of the factors the court may consider include:
- How to keep the status quo or the routine of the child as much as possible
- Which parent has been looking after the day-to-day care of the child
- Who can provide a safe environment for the child
- Any evidence of abuse
- The child's relationship with each parent
Contact a Child Custody Lawyer in Wall Street New York
If you are facing a child custody issue you can contact The Law Office of Leah T. Wills PLLC in New York for an initial free consultation at 1 888-524-9776.