In New York, child custody is determined based on a number of different factors. Most importantly though, the court evaluates which parent gets custody based upon the best interests of the child standard. That standard takes into consideration, who’s going to be in the best position to meet the child’s emotional, mental, physical, financial needs. Who knows about their daily schedule? Who can really help that child to thrive? What about their educational needs? There are so many different factors that are involved. So there really is no sure fire guarantee that one side will get custody or not. In fact, often times clients ask, “Well, I should get the child because I make the most money,” or “I should get custody of the child because I’m the mother and court never gives the children to the father.” Those things aren’t true because remember, the court’s always looking at what’s going to make your child be in the best emotional and physical position for their growth, their best interests. So really a lot of factors are considered.
If you want to learn more check out our custody tab in our free resources tab. There’s a ton of information there as well as our website, that can really help you understand how intricate the evaluation is that the court makes when determining who will get custody of your child.