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What factors do courts consider in child custody cases?

Imagine you’re in the middle of a contentious divorce and now your soon-to-be ex has done the unthinkable. He’s trying to take your parental rights away and assume full custody of your children. If he succeeds, your children will live with him full-time, and you might only get to see them for a handful of days per month.

It seems like an unthinkable outcome, to lose your parental rights, especially when your children are your own flesh and blood, and the most precious things in your life, but it is certainly a possibility when your parental rights are challenged in a New York court. If your child custody rights are being challenged, you may want to educate yourself on the different factors that New York family law judges will consider when making a decision on a child custody dispute.

Here the most common issues that a judge will take into consideration:

— You and your ex’s abilities to offer care to your children;

— The mental and physical health statuses of you and your ex;

— Whether you or your ex have documented histories of domestic violence;

— The work schedules of both parents;

— The desires of the child if your child is of the age and of sufficient responsibility to offer his or her opinion on the matter; and

— You and your ex’s abilities to work with each other to come to mutual agreement.

Are you frightened that you could lose your child custody rights? A New York family law attorney can review your situation, inform you of your legal rights and advise you of the steps you can take to try and protect your parental rights in court.

Source: FindLaw, “New York child custody laws,” accessed May 26, 2017

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

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Larkin, Ingrassia & Tepermayster, LLP


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