Child Custody

The parent awarded child custody is legally responsible for the security, legal care, and general well-being of any child or children under the age of 18. Of all the issues that arise from divorce, child custody is perhaps the most sensitive, emotional and difficult to deal with. It is always important to keep the child’s best interest in mind when determining which parent will be granted child custody.

In most cases, both parents have very strong feelings regarding the custody arrangement of their child. Sometimes, a parent’s desire to maintain custody of their child is so strong, that the child’s best interest can be jeopardized.  When parents cannot come to an agreeable child custody arrangement on their own, the courts must get involved, and the child’s best interest is often disregarded.

When the parents of a child go through a divorce, the child almost always lives primarily with only one parent. The other parent is usually only granted limited or part-time custody of the child. Determining child custody is a very difficult for both the parents and the child, all of whom want their best interest and what’s best for the entire family to be met.
There are certain factors the court will take into consideration before awarding child custody to one or both parents. The court prefers to award joint custody so that both parents are involved in the upbringing of their child.

When parents can agree on a custody situation, the court will generally uphold their wishes. However, when parents are at a disagreement regarding their child custody arrangement, the court will have to make a decision for them.

The goal of the court is always to protect the child’s best interest and security. These factors include:

• The emotional, financial, and mental support of each parent
• The quality, care, and condition of each parent’s household
• The child’s current living arrangement and if that situation is suitable or needs to be changed
• Which parent has been the child’s primary caregiver
• The income status of each parent
• Each parent’s health
• Each parent’s lifestyle
• The daily routine of the child (i.e. where they attend school)
• Each parent’s ability to provide healthcare, education, etc.
• The preference of the child
• If either or both parents have any history of abuse or violence
• Whether the child or children will be separated from any siblings
• Each parents willingness to accommodate the custody arrangement

There are two types of child custody in New York that the court can issue: legal and physical custody.

Legal custody: gives the parent the right to make all decisions regarding the child. These decisions include things like schooling, medical care, religion, etc.

Physical custody: refers to the child’s actual physical placement with a parent. When a parent has physical custody that means the child will be living with him/her on his/her designated days, whether it is on a daily basis or just on weekends.
Once the court has addressed the physical and legal custody of the child, they will decide if the parents will be awarded sole custody or joint custody.

Sole Legal Custody: Only one parent has the legal authority for making all the decisions regarding the child, such as healthcare, religion, education, and overall wellbeing.

Sole Physical Custody: The child only lives with one parent on a daily basis, and never the other, until he/she reaches the age of 18 and is considered a legal adult. The other parent may be awarded visitation rights when sole physical custody is granted.

Joint Legal Custody: Both parents have legal authority for making the decisions regarding their child, such as healthcare, religion, education, and overall wellbeing. All these decisions can be made together, or the parents can divide the decisions between each other (i.e. one parent decides on healthcare, the other on schooling).

Joint/Shared Physical Custody: The child will live with both parents for a set amount of time, until the child turns 18. These periods of time may or may not be equal.
Some times the court will determine that both parents are not fit to be granted child custody.  In these situations, non-parental custody is granted. In cases when the parents of a child are not granted custody, a close relative will be awarded physical and legal custody of the child.

If you are filing for a divorce and are seeking child custody in Long Island, it is important to seek legal representation separate from your spouse. Hiring your own attorney will ensure your needs and legal rights will be protected and fought for.

The skilled attorneys at the Law Offices of Palermo, Palermo & Tuohy can provide you will expert legal advice, up-to-date information  and resources on New York state laws, help to file and draft important documentation, and ensure the rights and best interest of you and your child are protected.

The attorneys at the Law Office of Palermo, Palermo & Tuohy, work relentlessly on behalf of their clients’ best interest. The Law Office of Palermo, Palermo & Tuohy is passionate about providing expert legal service, aggressive representation, and bringing justice to all of their clients. The attorneys at the Law Office of Palermo, Palermo & Tuohy pour all their efforts into securing and comforting their clients’ needs during these hard and emotionally exhausting times.