Child Custody
Home: Family & Matrimonial Law

Experience shows that sharing parental rights and responsibility works best for parents who are cooperative and capable of caring for their children.

However, in certain circumstances, one parent is better suited to have sole custody. An attorney can help you with your Child Custody matter.

New York's custody laws are designed not only to look at situations in the past but also to look at the parents' future ability to act in the best interest of the children. Because each custody case is different, it is important to have an attorney who understands this extremely sensitive matter and will give your case his or her personal attention. While each case is judged on its merits, there are certain factors the court will evaluate in determining initial custody.

Please call (518) 218-7100 24 hours, 7 days a week or email custody@tullylegal.com to find out how Tully Rinckey can help you in your child custody matter.

Common Types of Custody

"Pendente lite" or temporary custody is issued by the court once your case has been filed but before the trial. Pendente lite literally means "pending the trial" and this term is usually used in Supreme Court.  In Family Court, it is usually referred to as temporary custody. At the conclusion of your case, any pre-trial temporary orders are replaced with a final order, which may or may not be similar to the temporary order.
 

"Legal custody" refers to which parent has the legal authority to make major decisions involving the child such as educational, religious, and medical decisions. The non-custodial parent will more often than not receive rights to visitation with the children.

 

"Joint Legal Custody" implies equal role in making major decisions and is not an indication of how much time the child spends with a parent. Joint legal custody will allow both parents to have an equal role in making decisions, provided that they can work together. Equal authority also means that each parents has veto power over the decisions of the other parent. If a mutual agreement cannot be reached, sole physical and legal custody may need to be addressed.

 
Common Factors
Many factors are considered by the Court in determining child custody. Below are typical factors that may be evaluated. Since each case is evaluated individually, there is no way to formulate a definitive list of criteria.
 
Age of Parents Matter of practicality if there is a large age discrepancy
 
Alcohol & Drug Use Former and current use, habits and any convictions or related problems 
 
Availability of Each Parent Courts tend to favor a parent who has more time to spend with the children. If you are going through a divorce and want custody, it is important to spend as much time as possible with your children. The court will look to see who was the primary caretaker of the child. 
 
Financial Situation of Each Parent Courts tend to favor a parent who can adequately provide for the children. It is important that you do not quit your job while trying to get custody. However, Courts can also impose Child Support Orders. 
 
Home Environment of Each Parent Courts try to place children in a homes with safe and stable environments.
 
Disability, Mental, Emotional, & Physical Health Relevant if it impacts how well the parent can care for children. Courts prefer an emotionally and mentally stable parent.
 
Siblings Keeping siblings together is generally considered to be the best interest of the children but there are always exceptions.
 
Marital Fault In order to get a divorce in New York, the couple must demonstrate grounds. A court may evaluate If the event that spurred the divorce or separation endangered the children in any way.
 
Relationship of Parents Courts try to place children with a parent that is willing to work with the other parent and encourage the relationship. Courts try to avoid awarding custody to a parent that tries to impede visitation or the child's relationship with the other parent.
 
Preferences of the Children Children are not forced to choose one parent over the other. However, if the child does have a preference, the court will typically place more weight on the child's preference the closer a child is to age 18.  The court will also examine the reason for the preference and if that is in the best interest of the child.
 
Law Guardian The Law Guardian is an attorney assigned to represent the best interest of the children involved. This attorney is independent of either party. The law guardian may give the Court a recommendation on behalf of the children.
 
Observable behavior Behavior in court will be monitored closely and plays a significant factor in determining custody. Being argumentative or hostile should be avoided while being respectful, cooperative and reasonable is seen as more favorable.
 
Previous Court Judgments Prior cases of child abuse or neglect are significantly relevant to determine custody. Prior criminal or drug activity may also bode negatively for a parent.
 
Collateral Sources Relevant counselors, school officials, or other family members may be asked their opinions as to which parent should have custody.
 
Voluntary Custody Agreements An attorney could help you negotiate an agreement with the other parent. The court assumes that no reasonable parent would voluntarily not act in the best interest of the children. Therefore, unless there is some compelling reason, the court will honor this agreement.

 

Call 24/7 to speak to an attorney:
518.218.7100

After hours emergency legal service:
518.727.3593

legaladvice@tullylegal.com

Tully Rinckey PLLC
Attorneys & Counselors at Law
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