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What Do the Courts Look for in a Child Custody Case?

Child custody is an important issue to divorcing parents. There could be strongly conflicting opinions regarding where the children should spend the majority of their time. In some cases, one parent could claim that the other parent cannot provide a safe environment, or that there is a threat of abuse or neglect. These are serious issues that must be addressed with great attention to detail, with the help of a qualified New York child custody lawyer. At our firm, Jonathan E. Kroll & Associates, PLLC, we have represented parents in many child custody cases, and we have a deep understanding of how the court views and makes decisions about child custody.

The primary guiding principle in our state is determining what is in the best interests of the child. Generally, it is considered that children are happier, more successful and stable when both parents can be involved in their live, with an agreed upon schedule of parenting time. There are exceptions to this rule. If it is established that a father or mother has a history of domestic violence, is an alcohol or drug abuser, or involved in criminal activities, these are facts that will impact how the court comes to a decision.

Awarding physical custody will be based upon certain criteria. The matters that will be reviewed include which parent has been the primary caregiver for the child or children, the financial ability to provide for the needs of the children, the parenting skills of each party, the mental and physical health of both mother and father, any history of violence in the home, the relationship the children have with the extended family, where they attend school, and their activities, work schedules, and for older children, their own wishes about where they want to live.

The court is far happier with parents that choose to work together and resolve these issues without intervention. When this is not possible, and child custody is a contentious issue, you need to be sure that you are represented by counsel that has the ability to present your case supported by evidence, testimony and documentation that is irrefutable. Call our firm for more information about child custody.

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