Answering Your Child Custody Questions

In the midst of a divorce or legal separation, emotions are heightened and stress can run strong. When children are involved, it can be an even tougher situation. If your spouse does not want to agree on a custody arrangement or they are incapable of taking adequate care of your children, having a qualified Suffolk County divorce lawyer can make all the difference. We understand that you may questions regarding custody, so we have tried to outline some of the most common ones that we receive at our firm, as well as applicable answers.

What is custody?
There are two different aspects involved in custody. One is having actual physical custody over the child, meaning that they live with you in your home. Legal custody is when you as the parent have the responsibility for making decisions over your child whether it involves what school they attend, medical care, religious practices and other major issues involved in a child's upbringing.

What do the NY courts look for when determining child custody?
They will consider multiple factors including the following:

  • Health and wellness of both parents (this includes physical and mental health)
  • If one parent has been the main caregiver for the child
  • Looking at the abilities, strengths and weaknesses of each parent, especially if the child has certain needs
  • If the child has a preference, as long as they are of a reasonable age to make decisions
  • Making certain there is no history of domestic violence, abusive habits, drinking or drug habits
  • The schedules of both parents, if they work and how they plan on taking care of the child

What is the difference between sole and joint custody?
If you settle on sole custody agreements, then only the parent with custody will make decisions for the child. Should you both have joint custody, then you will have to work together to come up with mutual arrangements for him or her; however, the parent who takes care of the child on a regular basis can make all of the everyday decisions.

At Lynn Poster-Zimmerman, PC, we understand this custody battles can be lengthy and complicated to deal with. It is our desire to help you and your family come to an arrangement that is satisfactory to all parties involved, but we will always seek to bring about the best result for you and your child. With over 31 years of experience, our lead attorney has seen almost everything related to family law and does not easily relent. Please do not hesitate to get in touch with our firm today to learn about the various options you have. Fill out our free case evaluation to learn more about the legal process and we will contact you to set up a first meeting.

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