The issues surrounding custody of children under 18 are difficult and emotional. They are of utmost importance to parents and to the court. The Supreme Court may hear and determine these cases in the context of an Action for Divorce or Separation. The Family Court may also decide these issues.
We are ready to assist those needing a child custody attorney near Albany, NY or elsewhere in the Capital Region. We offer experience, individualized advice, and compassion as we help you resolve these issues.
More Information on Child Custody Cases
If the parents are not able to resolve issues relating to custody, the Court will intervene and determine both the legal and physical custody. Legal custody dictates who has the right to make decisions that affect the child. Physical custody is the schedule of when each parent has a child in his or her care. Both of these forms of custody can be joint. Parents can share decision making abilities and time with a child equally. In many cases, a couple will share legal custody of their children, and one parent will be the primary physical custodian.
The Court will decide what custodial arrangement is in the best interests of the child. The health, welfare and safety of the child are of paramount importance.
Some factors that the Court Will Consider in Assigning Child Custody:
- How each parent has handled responsibility for the child historically.
- A parent’s individual lifestyle.
- The mental health of each parent.
- Abuse or neglect that may have taken place.
- If a parent suffers from a harmful addiction.
- How well a parent meets the physical and emotional needs of a child.
- The quality of the parent-child relationships.
- The preference of the child, if he or she is of a suitable age and maturity level.