Child Custody | Divorce Lawyer Buffalo NY

 

What are the Types of Child Custody in NY?

child custody buffalo ny divorce

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. Generally the non-custodial parent will receive independent access to the health, education, and welfare records pertaining to child so that he or she can monitor the custodial parent's decision making.

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).

What does the Court Consider in Deciding Custody?

The Court will consider what is in the "Best Interest of the Child" when determining which parent gets custody. The best interest of the child standard is made up of a broad range of factors that the Court will consider. The factors are taken together as a whole, none of which taken alone are the determining factor.

What are the Best Interest of the Child Factors?