Child Custody In A New York Divorce

In this article, you can discover:

• The differences between joint and sole custody in New York.
• Factors that determine the best interest of a child during custody decisions.
• The role of an Attorney for the Child (AFC) during custody disagreements, and who is responsible for covering the cost of an AFC.

Who Has Custody During A Divorce In New York And When Is It Determined?

Custody is finalized at the end of the case. Options include joint or sole custody. The term "custody" is often mistaken for parenting time. Sole custody allows one parent to make major decisions concerning the child's educational, medical, and religious needs. However, most cases result in joint custody, where both parents collaborate on these major decisions.

How Is The Final Custody Decision Made For Unmarried Parents Or Those Divorcing In New York?

Custody hinges on a "best interest" analysis, taking into account a myriad of factors. This includes the child's relationship with both parents, each parent's living situation, proximity to one another, the child's educational and health requirements, the presence of domestic violence, and each parent's financial resources and capability to support the child. This decision isn't one-size-fits-all.

What Are The Visitation Options For Parents Not Raising Their Child Together?

If a parent opts out of parenting time with their child, they cannot be forced into involvement. However, they remain responsible for child support. In scenarios where a parent is entirely uninvolved, the other parent usually has sole custody.

In New York, custody battles are often intense. Typically, custody is shared 50-50, ensuring both parents have equal access and parenting time. Exceptions arise for severe cases, like substance abuse or significant mental health concerns.

What If My Spouse And I Disagree On Custody Or Other Divorce-Related Issues?

If parents can collaborate, they maintain mutual control over vital family decisions. But if agreement is not possible, litigation comes into play, either in family court or through the Supreme Court. Here, an Attorney for the Child (AFC) is appointed to represent the child's interests.

Both parents will have their attorneys, and if children have varying preferences, multiple AFCs might be involved. In family court, New York State funds the AFC. In the Supreme Court, parents might need to contribute based on their incomes, but if their combined income falls within certain thresholds, New York State covers the cost of the AFC. For more information on Child Custody In A New York Divorce, an initial consultation is your next best step.