In deciding which parent should have legal custody of a child, New York Courts consider the following factors:
- Which parent has been the Primary Caregiver;
- Which parent is more available;
- Whether a parent is willing to foster the relationship of the child with the other parent;
- Parent’s ability to provide for intellectual and emotional needs of the child
- Nature and Quality of Home Environment
- Quality of Care
- Stability of Home Life
- Child’s Preference
Among the negative factors are:
- Abuse, neglect of children, excessive discipline
- Domestic violence
- Unwillingness to foster the relationship with the other parent
- Alienation and false accusations
- Interference with visitation, disregard of court orders
- Involving children in marital conflict
Contact RUDYUK LAW FIRM, PC for more information and an evaluation of your custody matter.