Nassau County Child Custody Lawyers

What are the Custody Types in New York?

There are two types of custody in New York: physical or residential custody, which is the physical place the child will reside, and legal custody, or the parent who has the responsibility to make important decisions on behalf of their child.

These are further broken down into joint and sole custody:

• The court often prefers a joint custody arrangement. This is particularly true in the case of legal custody, which involves making important decisions about healthcare, education, and more.
• Sole custody may be awarded when one parent does not want custody, when there is abuse or neglect, or when one parent is otherwise found to be unfit. Sole custody does not have an impact on child support, and non-custodial parents can seek visitation rights, with or without special circumstances such as supervision.

There may also be cases where neither parent is fit, such as when they have abandoned, abused, or neglected their children. In these cases, grandparents, aunts and/or uncles, or other close or distant relatives can petition the court for custody, if it’s in the child’s best interest.

If you are going through a divorce or legal separation and you and your spouse have minor children, custody is a vital, and often contested, part of the proceedings. It is important to keep the needs and best interests of your child at the forefront of your decisions, and our Nassau County child custody lawyers at Jason M. Barbara & Associates, P.C. can help.

Call (516) 406-8381 or contact our firm online to schedule a free initial consultation. 

How Do New York Courts Make Custody Decisions?

It’s a common belief that mothers are more likely to get custody in divorce or separation cases. The reality is that cases are more complicated than that, and the court looks at many factors before deciding on a custody arrangement in any specific case.

The court will seek to protect the child’s best interests, and minors are under the court’s jurisdiction when deciding on an arrangement. Older children may offer their preferences, which will be taken into account.

Further reading: Can a Child Choose in a New York Custody Case?

New York family law courts take many issues into consideration when determining the child’s best interests in a custody matter, these include:

• The child(ren)’s age
• Any special needs
• If one parent acted as the primary caregiver during the marriage
• Demonstrated parenting skills of both parents
• Each parent’s physical and mental health
• If there is any history of abuse or neglect
• Any job demands for either parent
• Proposed childcare plans
• The child’s preference, if they are old enough to express one