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Child Custody | Brooklyn | Nassau County | New York
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Going through a divorce can be a difficult process, both financially and mentally. The process can be even more difficult when children are involved. In most cases, the children watch helplessly as their parents go to battle in and out of court. This can be an emotionally draining experience as parents not only deal with their own issues but those of their bewildered and hurt or angry children.
The Schreck Law Group has experience with intense child custody cases and can help you fight for your children. We provide the personalized service of a boutique law firm with experience of a high powered New York divorce attorney. Call our Nassau County and Queens NY offices at (516) 500-1270.
The Deciding Factor
There are several different factors that the courts take into consideration when deciding which parent will get custody of their children. The standard by which courts make their ruling is referred to as “best interest of the child.” This means that the court tends to grant custody to the parent that is most likely to provide the most stable environment. Some of these factors include:
- the child’s age, sex, and mental and physical health
- the parent’s mental and physical health
- the parent’s lifestyle and other social factors, from allegations of child abuse to exposure to second-hand smoke
- the emotional bond between parent and child, as well as the parent’s ability to give the child guidance
- the parent’s ability to provide the child with food, shelter, clothing, and medical care
- the child’s established living pattern (school, home, community, religious institution)
- the quality of the child’s education in the current situation
- the impact on the child of changing the status quo, and
- the child’s preference, if the child is above a certain age
When these factors do not clearly favor one parent over the other the court will give custody to the parent who has been the primary caregiver for the children. For older children, custody is awarded to the parent who is best able to foster continuity in education, neighborhood life, religion, and peer relationships.
The Schreck Law Group has experience with intense child custody cases and can help you fight for your children. We provide the personalized service of a boutique law firm with experience of a high powered New York divorce attorney. Call our Nassau County and Queens NY offices at (516) 500-1270.
Types of Child Custody
- Physical Custody
The parent with whom the child lives is said to have physical and residential custody. - Legal Custody
Legal Child Custody grants the parent the right to make decisions about how to raise the child including decisions affecting school, religion and medical care. - Sole Custody
Sole Custody is usually awarded to one parent when the other is deemed unfit. This can occur based on drug and alcohol abuse, or an unfit new partner. - Joint Custody
Joint Custody means that even though the parents no longer live together, they share both decision-making responsibilities as well as physical control of their children. However, in most instances one parent has primary residential custody of the children.
The Schreck Law Group has worked with families large and small and can help you fight for your children. We provide the personalized service of a boutique law firm with experience of a high powered New York divorce attorney. Call our Nassau County and Queens NY offices at (516) 500-1270.
Visitation
Depending on the relationship between the non-custodial parent and the child, that parent may either be awarded liberal or more limited parenting time or visitation. Depending on the ages of the children, the court may appoint a law guardian to advocate on behalf of the children and convey to the court the wishes of the children.