Custody of your children is probably the most difficult and emotionally charged issue in your divorce. Child custody is a decision you should make and not one that should be left to the court’s discretion. The Badanes Law Office provides the compassion, caring, and expertise to represent you and fight for your rights to your child’s custody. The Badanes Law Office counsels you, helps you and makes sure that you know the law, so that you can effectively make the best decisions for you and your child concerning child custody.
If the parties can not agree on child custody, there will be a custody trial. In New York, a court can not award joint custody and must award sole custody to one of the parents. The court will use the following factors in making this decision:
• Which parent has been the child’s primary caregiver
• The child’s current living arrangement with the goal of the least disruption to the child’s living arrangement
• The parent’s ability to provide emotional, mental and financial support for the child
• The child’s preference
• The child’s health
• The child’s age
• The parent’s income
• The parent’s health and lifestyle
• The parent’s willingness to encourage the child to maintain a relationship with the non-custodial parent
• Any history of violence or abuse by each parent
You should be aware that most judges are still very traditional in their approach to child custody. This means that although both Fathers and Mothers should be treated equally and there should be no preference in awarding child custody to one or the other. However, unless the facts clearly demonstrate otherwise, traditionally Mothers are still awarded custody more often than not. The Badanes Law Office knows this and responds accordingly. If we are representing the Mother, we will use this to the Mother’s advantage. For Fathers, the Badanes Law Office will aggressively fight for the Father’s rights to child custody.
If you need a Long Island Divorce Attorney to help you in your divorce or in your child custody issue, contact the Badanes Law Office today.
