If my divorce goes to family court, how will the judge decide who gets custody?

Going through a divorce is one of the most challenging and stressful experiences that you can go through. This can be made even more difficult if children are involved and custody needs to be determined. While most parents will try to negotiate a fair custody agreement, there are situations in which the case will need to go to family court and a judge will decide who gets custody. For those that are in New York, it is important to understand how the judge will decide who gets custody.

Types of Custody

In New York, there are various forms of child custody that the judge can choose from. The four common forms of custody are as follows:

• Sole custody occurs when one parent is awarded full custody of the child. The other parent may still have visitation rights and child support payments determined by the family court.
• Joint custody occurs when both parents have a certain amount of custody of the children. The judge will determine how this is split.
• Legal custody refers to how major decisions about the child’s care and future are handled. This can either be split or belong to just one parent. 
• Physical custody refers to where the child will reside. 

How Custody is Decided by a Judge

In the state of New York, the family court will determine custody based on what is in the best interest of the child. As this is at the discretion of the judge, there are various factors that will be considered when determining what the best interests of the child are.

Where Child Currently Resides and Goes to School

When a judge is determining which parents will have custody, they will often look for ways to ensure that the child’s personal life is not disrupted more than it needs to be. This often means finding a way to ensure that the child is able to stay in the same home and school. If a child has been living with one parent in one home for a while, the judge will often look to ensure this remains a primary residence. 

The Practicality of Joint Custody

The judge is also going to consider how practical full joint custody is when it comes to having parents share responsibilities. If the two parents live near each other, it could be possible to have a full custody split. However, if one lives out of state, it may be less practical. The judge will determine a fair custody split to ensure both parents are involved while ensuring the arrangement is practical. There will likely be an emphasis to ensure that both caring and supportive parents are able to see their kids throughout the year, even if it is not something that takes place regularly. 

Abuse and Addiction

If there is any form of abuse involved, it will be a major component of child custody. If a child, or the other parent, has ever suffered from physical or emotional violence from the other parent, it will have a significant impact on the custody decision entered by the judge. The family court will also factor in whether the parent has a history of alcohol or drug abuse or other addictions that can impact their ability to be a good parent and provide a safe and happy home for the child. 

Work Restrictions

During a divorce, it is common that both parents will need to work to help raise the children and support themselves. Unfortunately, some professions require work at night, travel, and other challenges that can make it hard to also care for a child at home. The judge is always going to factor in whether a parent will have the ability to care for the child due to work restrictions and if they have the additional support set up if work gets in the way of providing necessary care. 

Reasons to Hire an Attorney

If you are going through divorce and child custody negotiations, you always need to make sure that you have proper legal support by your side. New York child custody attorneys can provide a variety of services that will help ensure your rights as a parent are represented. Your attorney will be able to help negotiate with the other party in your divorce to try to come to a fair agreement. If necessary, they can handle all deliberations and discussions in family court. If you do not receive a fair outcome, your attorney can help with any appeal services that you need. If you are in need of legal support, you should call the Levoritz Law Firm. This legal team can provide a range of services that will ensure you receive the legal support and custody agreement that you are entitled to.