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Factors the Courts Consider

Factors the Courts ConsiderFactors the New York Courts Consider in Child Custody Awards

No single factor determines a child custody award. The courts must balance and weigh the entire circumstances in determining custody. After taking everything into account the court’s ruling is to be based on what it considers to be best for the child or children.

Get the help of a child custody lawyer

Even though you might be entitled to the custody award and visitation schedule that you are seeking, it won’t matter if the court does not have the evidence proving your case. To know what goes into the court’s decision and what kind of documentation and substantiation you will need, contact New York divorce and custody attorney Ingrid Gherman. Having spent many years representing custody cases in the Supreme and Family Courts, Ingrid will be able to prepare and conduct your case towards a successful outcome for both you and your children. To set up a consultation with Ingrid, call her law office at (212) 941-0767 or complete the on-line form.

To help you better understand those issues that the court must take into consideration, here are some of the many factors that the NY court is required to consider:

  • The impact that separating siblings with have;
  • What the child wants, in the event that the child is mature enough
  • The duration of the current custody arrangement;
  • One of the parents engages in the abandonment or abduction of the children or the defies the legal process;
  • The parents’ relative stability;
  • The affection and care shown by the parents to the child;
  • The domestic environment;
  • The parents’ accessibility and capability;
  • The parents’ morality;
  • The probabilities of future education;
  • The potential impact on the child of custodial changes;
  • The parents’ financial situation; and
  • The past conduct of the parents.
Additional factors include:
  • A parent’s refusal to allow visitation, the parent’s willingness to support visitation;
  • The child and parent relocate, unauthorized, to a residence far away; and
  • Groundless accusations of neglect or abuse of a child.

In a case where a parent accuses the other parent of committing domestic violence against a family member, including against the accusing parent and allegations are found to be true through a preponderance of evidence, then the court is responsible to take into account the impact of on the child’s best interests.

The ability of a parent to spend personal time with the child and fulfill the child’s needs is another factor considered important by the court.

It is a policy of the New York courts to refrain as much as possible from intervening in the matter of the religious rearing of the children. However, when the religious practices of a parent threaten or endanger the welfare and health of the child, the courts will consider religion as a factor.

You need strong legal support

Your future with your children or child is central to your life. It is vital that you be fully prepared in any case you have involving the custody, visitation, or parental access. To be sure that all the legal bases will be covered and opportunities taken, contact an attorney with significant experience in this area of family law. Call the law office of Ingrid Gherman to arrange a consultation at (212) 941-0767 or send the convenient on-line form.

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