The following questions are examples of frequently asked questions during a consultation as it relates to contested divorces for parties with children. These are typically the topics that cover most contested divorce proceedings with children.
Divorces for people with children:
In deciding which parent should have legal custody of a child, New York Courts consider the following factors:
When contemplating a shared physical custody schedule for an adolescent, the child’s personality shall be considered.
One of the common arguments in custody cases is that children should be able to spend “equal” time with both parents so that they may develop a meaningful relationship with each parent. Many advocates believe that shared custody by default is in the best interests of the child. However, some children are highly flexible and adapt to being mobile between two homes; others do not.
The child’s unique characteristics such as personality and temperament shall be considered when determining whether shared physical custody is in the best interest of the child.
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