Whether you are currently in the middle of a New York custody dispute or anticipate one due to divorce or other circumstances, it is important to have some knowledge of New York custody laws.
In New York state child custody cases, the courts goal is to determine which parent will likely serve the child or childrens best interests.
Types of New York Custody
There are multiple types of custody in New York. The following is a brief overview of the different types of custody a parent can be awarded.
Physical Custody: Sometimes referred to as residential custody, physical custody simply refers to where the child lives
Legal Custody: Legal custody is the type of custody most people think of when they hear the term child custody. This type of custody provides a parent authority to make major decisions regarding the child, including medical and educational decisions.
Temporary Custody: Sometimes referred to as pendente lite, temporary custody is the custody awarded to a parent or parents once a New York custody case is filed. Once the case is over, the judge will issue a new custody order that will nullify the temporary order.
Factors in Determining Custody
There is a very long list of factors that a judge will take into account before making a final decision regarding child custody in New York. The following is a list of factors a New York family court may take into consideration.
New York courts do not favor mothers over fathers in custody disputes. What matters most is what is best for the child as decided by a judge.
The courts will generally want to try to foster a relationship between the child and the parent who is not awarded custody. Usually the judge will award some form of visitation rights to the non-custodial parent. There may also be additional rules placed on the exchange of the child from one parent to another. In New York custody disputes, there are several types of visits and exchanges that a judge can order.