How Is Child Custody Determined by The Courts?

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The Challenge of Divorce for Children

Divorce can be complex, complicated, emotional, and tiring. When there are children involved in a divorce, the case becomes increasingly challenging. The future welfare of the child is at stake. Fighting between parents during a divorce can leave lasting effects on the children, no matter what age level. 

Generally, both parents would agree that they want what is best for the child. If the child is old enough to understand what is happening, they can often state whom they prefer to live with, the mother or the father, or spend equal time with each parent.

The important thing for parents to remember is to set aside their differences for their children’s sake. The child is likely to start to blame themselves for the aggressive actions of the parents. Parents find their emotions strong and disagreements plentiful. The focus of our family law attorneys is to help their clients gain custody. Visitation rights must be fair, equal, and in the best interest of the children. 

You do not want to go to court to have the judge decide what will happen to your children. Each situation is different. For this reason, you and your spouse need to agree and figure out and agree to a custody and visitation plan that both can live with; otherwise, the court decides.

When your children get caught in the middle of a divorce action, you need seasoned and expert legal guidance. Our attorneys never leave your side throughout your divorce and into the future. We work to achieve what is best for the children. 

Family Law Attorneys, A Valuable Asset

Emotions run high. Anxiety, pressure, and stress become an everyday occurrence during a divorce. Our family law attorneys understand this anxiety, confusion, and fear. We help to bring some peace and contentment to your life during your divorce process. We help decrease your anxiety and stress by handling all divorce issues while keeping you informed and educated about New York divorce laws. We remain by your side and update you on all aspects of your divorce. 

Personal Assets of Seasoned Divorce Attorneys 

  • We work tirelessly to get to know you and your children.
  • We need to know all the issues concerning your marriage.
  • What are your family dynamics?
  • What are your expectations, wishes, and goals for the future?

Getting to know you personally helps us to resolve your family law issues. We cannot move forward to help you unless we know your in-depth relationship with your spouse. We need to know all the circumstances revolving around your family life and marriage.  

We have time to listen to all of your concerns and answer all of your nagging questions. You are our focus. All of this information helps us to assure the best possible outcome of your divorce. We believe in the education of our clients and will teach you what New York law says about divorce. We also believe in constant up-to-date education in the industry of family law by staying up to date on new cases. 

How Does the Court Determine Child Custody?

The court system in New York has a list of factors that help the judge decide the fate of children caught up in a divorce when parents cannot develop a parenting plan. Sometimes the judge may meet with each child seeking their input about whom they want to live with after their parents’ divorce. The judge,

  • Considers the relationship of the children with each parent
  • Did each parent show equal caregiver responsibilities, or did one parent become the primary caregiver?
  • Who do the children spend the most time with the mother or the father?
  • Is the physical and mental health of each parent stable and healthy?
  • Has either parent shown physical or psychological abuse to the children?
  • What are the parenting skills of each parent?
  • What are the work schedules of each parent?
  • Does each parent have a parenting plan?
  • Who takes care of the children when the parent works?
  • If the child has special needs, can the parent meet these needs?
  • Who does the child most want to live with, and is this in the child’s best interest?

Because each divorce case is uniquely different, the judge may weigh in other factors not listed. It is up to the judge to decide whom the children live with, and which parent has the child’s best interest? 

We find that most parents are not happy with the judge’s decision. Additionally, the judge tries to make the best decision for the children and makes the wrong decision on rare occasions. Due to these sensitive issues, you have a seasoned family law attorney working for you and your children’s best interest. We will fight for and stand up for your rights and those of your children. 

Call to Action for Children in the Middle of a Divorce

New York is honored to be home to a leading family law firm since 2005, The Levoritz Law Firm. This law firm belongs to leading New York City Family Law AttorneysAccess our website for further information on all of our services. We want to hear your story and help you restructure your future. 

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