While divorce rates for couples over 50 are the greatest, according to NY Daily News, plenty of young couples with children are getting divorced every day as well. When a couple who has a child goes through separation or divorce, the most painful legal aspect of their separation is child custody. The tempers and emotions of both parties can get out of control at times, as each realizes that they may no longer have the same role in their child’s or children’s lives in the future. However, it is important to keep a calm, rational demeanor throughout child custody. By working with a Saratoga County child custody lawyer, you can be guided through this process and help to prove to the court where the child’s best interests truly lie. When the court chooses between two parents, it strives to make the decision in favor of the child’s well being. These criteria are outlined below and could be further explained by a compassionate family attorney.
What is in the Child’s Best Interest?
The court has tremendous power to shape the rest of your and your child’s life. But what does the court look at when choosing one parent over the other to provide sole custody, or when deciding whether joint custody is appropriate? The New York court system analyzes the following information to help make the decision in the child’s best interests:
Proximity of each parent’s home to high quality schools;
Relationships with other relatives in each home;
Parenting skills and weakness of each parent;
Work schedules of each parent;
Proximity of grandparents or other potential caregivers to each parent’s home;
Ability of each parent to provide food, clothing, shelter, healthcare, and other essentials;
Whether the child had a primary caregiver before;
Who is best able to provide for any special needs of the child;
Willingness of each parent to cooperate in court; and
The child’s preference, depending on the situation.
Types of Custody
There are various types of custody, which include the following:
Physical Custody: The child lives with the parent who has physical custody;
Joint Physical Custody: The child lives with both parents, who split the time the child lives with each;
Legal Custody: Legal custody allows for the parent to make legal decisions for the child, such as where they live, healthcare, and education;
Joint Legal Custody: Both parents can make legal decisions regarding their child; and
Sole Custody: One parent has sole legal and physical custody of the child.
A parent who does not have custody of their child may be allowed visitation rights, which are court-approved visits that the other parent cannot stop from happening. If one parent refuses to allow these legal visitations to occur, their own custody rights may be jeopardized.
Call a Saratoga County Child Custody Attorney
Contact the Saratoga child custody lawyers at the Colwell Law Group, LLC to schedule a meeting with one of our experienced attorneys in our office. We strive to provide the highest level of assistance to our clients and ensure that they have everything available to them to ensure that their day in court is as successful as possible.
Get The Best Outcome For Your Children
Learn how to help your kids cope with your divorce with our complimentary guide for parents who are getting divorced or separated in New York.
Through a yearlong and difficult divorce, Anthony Sokolowski was a skilled attorney who helped me navigate the most... challenging aspects of a divorce and custody battle. He was on top of things throughout, always patient and empathetic. When things got tough he was a strong defender and he had embodied my situation when I needed him to do that.read more
I retained Attorney Anthony Sokolowski for my very difficult and complicated divorce and custody case. Anthony was not... only knowledgeable but personable and I never felt alone throughout process. Anthony was always honest and genuine with me, he was always available and made me feel safe in the fact that he was fighting for my and my child’s best interest. I worked with Anthony for over a year and this held true throughout entire time. We ended with getting what I asked for and the best possible outcome for myself and my child.I highly recommend Anthony Sokolowski for any family law needs.read more
I was referred to this Law Group from a local office and I'm glad I followed through. I was represented by Kyle who... was professional, responsive, and easy to work with. I felt very comfortable with his representation. Thank you....Carmel Reillyread more
My experience was truly enlightening and very welcoming! I spoke with Kito who instantaneously related with my... situation and assured me that the firm could help me and I believe him. Five stars all around. It’s nice to meet people who have the same compassion for fathers rights and actually love to help instead of just pushing papers through. Thanks For all the information and encouragement Kito .read more
From the very first call, this law firm has been nothing short of exceptional. My family is working with Kyle, who... consistently provides support, dedication, responsiveness, and who utilizes his experience to help us navigate family court and custody. Every interaction is professional, and I would highly recommend the Colwell Law Group.read more