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Divorce and Child Custody Lawyer Buffalo NY
What Type of Child Custody Could be Chosen?
There are three basic types of child custody arrangements under New York Law.
Sole Custody - Sole Custody is when the children primarily reside with one parent and that parent makes all the decisions related to health, education, religion, and welfare of the children.
Joint Custody/Primary Residential Parent - The children primarily reside with one parent but decisions related to health, education, religion, and welfare of the children are decided by both parents together.
Joint Custody - The parents split physical custody and decisions related to health, education, religion, and welfare of the children are decided by both parents together.
To avoid disagreement, it is increasingly more common for parents who choose Joint Custody to agree that one parent makes all decisions about education, and the other parent makes all the decisions about health, (or something similar).
If the Parents can not Agree on Custody, What does the Court Consider in Decidiing which Parent Gets Cusody?
The Court will consider what is in the "best interest of the child."
What Factors does the Court Consider to determine the "Best Interest of the Child"?
1) Is there Domestic Violence in the Household.
2) Who was the primary caretaker of the children.
3) Who is the better parent.
4) What is the nurturing ability of each parent.
5) Which parent has better judgment.
6) The desirability of keeping siblings together.
7) The wishes of the child, if the child is of sufficient age.
8) The lifestyle of each parent.
9) The religion of each parent.
10) Whether each parent will encourage or discourage visitation with the other parent.
11) The Continuity of a stable environment.
12) The age of the child.
13) The Substance abuse or chemical addiction of either of the parents.
14) The quality of each parent's home environment.
15) The parental guidance each parent provides to the child.
16) The ability of each parent to provide for the child's emotional and intellectual development.
17) The financial status of each parent, and their ability to provide for the child.
18) The relative fitness of the respective parents including their mental condition.
19) The length of time the present custody arrangement has been in effect.
20) A parent's sexual behavior, character and lifestyle (only if it directly affects the child)
If you want a divorce and are searching for an experienced Divorce Attorney, near Buffalo, New York, look no further.
Please call (716)-656-7676 or CONTACT US for your free consultation. The first consultation is always free, and you will always speak directly to Stephen K. Underwood.