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Aaron C. Bock, Esq.
Daniel R. Tota, Esq.
Albert J. Durante, Esq.
Melissa A. D'Ippolito, Esq.
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2000 Maple Hill Street, Suite 206, Yorktown Heights, NY 10598

How the Court Determines Child Custody

Going through a divorce can be a challenging process. There are a lot of decisions to make and this situation can become trickier when there are children involved in the case. How should a couple divide up custody rights and who will the kids live with? These are questions that will need to be addressed.

If a couple can work together then they may be able to make this decision on their own. This is often the best choice and it is preferred that two parents can start figuring out how to work together in spite of their differences since it is something that they will need to be doing a lot in the future if they end up with joint custody.

In other cases, it can be too challenging for the parents to come to terms that they can agree on. It is a tough choice to make about dividing custody and it is understandable that many people are unable to do this on their own. In these cases the court may need to step in and the judge will assess the situation in order to give a ruling. There are many factors that will be considered, including those listed below:

  • Where the child has been living recently and for how long they have been with that parent
  • If either parent has been abusive
  • What the child's preference is if they are old enough
  • If each parent is fit to care for the child
  • Quality of the home environment
  • If the decision would separate the child from other siblings
  • If the parents can offer intellectual and emotional support

The main goal of the court is to find a situation that is the best for the child. They want to make sure that in spite of the divorce the child is in an environment where they can be nurtured and looked after. For representation in your divorce case, contact our Yorktown Heights lawyer today.

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