The divorce process is often riddled with obstacles and challenges. But, the entire process can be specifically difficult when children are involved. This added area of concern can cause divorcing parents to stress over how the courts will divide custody time. The judge’s primary concern will be making a decision that reflects the best interests of the child and they will consider numerous factors when doing so.
The child’s relationship with each parent
One of the main areas of concern for the judge will be the strength and quality of the relationship each parent has with the child. If one parent provided the majority of care and clearly has a better relationship with the child, then the courts will likely name them the custodial parent.
Each parent’s willingness to work together
Generally, courts will want to protect and preserve the child’s relationship with each parent, if it is in their best interests. But, if one parent is unwilling to be amicable and wants to alienate their ex, they may only be awarded visitation rights. However, if both parents can leave their differences in the past, they may be able to receive equal custody rights.
Your living situation and ability to provide for the child
When the courts decide which parent to award custody to, they will often look at each parent’s lifestyle and capability of providing a stable home to the child. Maintaining the child’s routine will be a major priority for the judge, however. For example, one parent may receive full custody rights even if the other parent has a more stable career and home life but lives an hour away from the child’s school.
Fighting for custody rights is often overwhelming for divorcing parents. But, parents can relieve their stress by focusing on the child and understanding how the courts divide custody time. For additional guidance during this difficult time, parents in New York may want to contact a supportive family law attorney.