Who Gets Child Custody in New York?
CHAPTER 14 OF THE CONSOLIDATED LAWS DOMESTIC RELATIONS LAW
Article 1. Short title; definitions (§§ 1,2).
Article 2. Marriages (§§ 5-8).
Article 3. Solemnization, proof and effect of marriage (§§ 10-25).
Article 4. Certain rights and liabilities of husband and wife
Article 5. The custody and wages of children (§§ 70-73).
Article 5-A. Uniform child custody jurisdiction and enforcement act
Article 6. Guardians (§§ 80-85).
Article VII. Adoption (§§ 109-117).
Article 8. Surrogate parenting contracts (§§ 121-124).
Article 9. Action to annul a marriage or declare it void
Article 10. Action for divorce (§§ 170-175).
Article 11. Action for separation (§§ 200-203).
Article 11-A. Special provisions relating to divorce and separation
Article 12. Dissolution of marriage on ground of absence
Article 13. Provisions applicable to more than one type of
matrimonial action (§§ 230-254).
Article 15. Laws repealed; when to take effect (§§ 270-272).
New York Child Custody Laws: What is Physical Custody?
Physical custody defines where the child will live also called residential or physical custody.
New York Child Custody Laws: What is Legal Custody?
Legal custody defines the right and responsibility to make decisions regarding the raising and upbring of the child.
New York Child Custody Laws: Joint Custody vs. Sole Custody
Joint custody means the parents (joint custodians) make major decisions about the child together such as decisions about the child's education, health, and religion. The routine day-to-day decisions in joint custody are made by the parent who is physically caring for the child at the time. Sole custody means only one parent (the parent who has sole custody) has the right to make the major decisions about the child.
Some Factors the Court may consider to determine What's Best for the Child
The following list is not a complete list of factors, but some general factors the court may consider.
- Which parent has been the primary caregiver or main nurturer of the child
- The parenting skills of each parent, their strengths and weaknesses and their ability to provide for the child's special needs, if any,
the mental and physical health of the parents
- Whether there has been domestic violence within the family
- The parent's work schedules, parent's availability, and child care plans of each parent
- The child's relationships with siblings, brothers, sisters, and members of the family
- The child's wishes or preference depending on the age of the child, maturity of the child, child's reasons for his/her wishes
- Each parent's ability to cooperate with the other parent and to encourage a relationship with the other parent, when it is safe to do so
How Can I Get New Jersey Child Custody Help?
The phone coaching sessions are designed so you can have a fast, efficient, and economical way of scheduling a coaching session to discuss your child custody, child custody evaluation, and/or divorce related matter via telephone in the comfort and privacy of your own home. Phone coaching is flexible and allows you the opportunity to request an appointment before work, after work, or on a weekend or at any time that is convenient for you. The phone coaching session can often be scheduled and take place the same day payment is made and forms are received for those seeking immediate coaching. For full details about fees and how to get started click here.
The in-person coaching sessions are designed for parents who prefer face-to-face meetings and are held in Orange County California. Southern California residents in Orange County, Los Angeles, Ventura, Long Beach, Riverside, San Bernardino, and San Diego will often request to discuss their matters with me in-person. In-person coaching sessions are held in the Mission Viejo area or Costa Mesa area in South Orange County California and are an option made available to persons who can travel to one of these two locations. For full details about fees and how to get started click here.
Monthly coaching is designed to provide ongoing coaching and support throughout the month and provides for an economical way of receiving such support on matters such as divorce, child custody, move-aways, post-judgment modifications, child custody evaluations, etc. Fees are known up front so there are no surprises. This also allows you to choose the plan that is right for you and also works within your budget. Weekly coaching sessions and email communications allow you to discuss your child custody matters, developments, and results regularly throughout the month. For full details on fees and how to get started click here.