Divorce Strategy and Children Custody - What You Need to Know

by Brian D Perskin

If you have children and are getting divorced, it is important to understand how the New York courts make custody decisions. This article will explain the key concepts you need to know to effectively argue for custody of your children.

There are two types of custody in New York law: legal custody and physical custody. Parents with legal custody of their children are able to make important decisions for their children. Examples of these decisions include consenting to surgery, selecting a school or giving permission for a child to leave the country. Parents with physical custody means the children can live with them. Parents with physical custody can make every day decisions for the child.

If only one parent has custody, that parent has sole custody. If important decisions are shared by both spouses, each parent has joint custody. It is possible for one parent to have physical custody while both parents have joint legal custody.

When children are involved in a divorce or custody case, expect a judge to make decisions that are in the best interests of the children. This means you and your lawyer need to prepare a case that shows you understand the needs of your children and you are able to meet these needs.

In general, the law recognizes that children benefit from having both parents in their lives. Thus, it is difficult to deny parents opportunities to visit their children unless there is a good reason. In some cases this means that the parent who has sole custody in New York will not be able to move to another state or country if this means the other parent will lose the ability to visit with their children.

The courts will consider many factors in determining what is in the best interests of the child including:

* Considering what the child wants (if the child is old enough).
* Keeping the child with the parent who has been the main caregiver.
* Maintaining relationships between the child and other relatives such as grandparents and siblings.
* Allowing the child to participate in activities he or she enjoys.
* Providing the child with opportunities for academic success.
* Teaching the child about her or her cultural background.
* Minimizing the disruption in the child's life caused by the divorce.

In addition to looking at the positive features of awarding custody to one parent, judges will try to avoid anything that will not be in the best interest of the child. Factors that may be considered to deny custody to a parent may include:
* A history of violence or abuse.
* Being unable to provide a safe home.
* The health of the parents including mental health.

To create a winning strategy for your child custody case in New York, consult with a experienced lawyer. The best advocate will have many years of experience practicing family law in New York. The laws of New York are different from other jurisdictions and a lawyer who does not specialize in family law may not have the experience needed to best represent you. Ideally, you will hire a lawyer who has extensive experience both with mediation and litigation.

Divorce and the legal issues associated with it can be complex and stressful. That is why having the assistance of a seasoned, reliable and aggressive lawyer is essential.

About the Author

If you are looking for a lawyer who understands and has extensive experience in New York Divorce Strategy contact a New York Divorce Lawyer to get your divorce strategy in place immediately.

At the Law Offices of Brian D Perskin, we understand that divorce and the legal issues associated with it can be complex and stressful, that is why having the assistance of a seasoned, reliable and aggressive lawyer is essential. Talk to an experienced Divorce Attorney in NYC about getting the best assistance for your case.