Articles Tagged with child custody

daughter in dads arms
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;

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.