CHILD CUSTODY

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In divorce cases where children are involved, the court will determine legal and physical custody of the children.  Legal custody grants the parent the right to determine medical, educational and religious choices in the child’s life. The court may grant legal custody to both parents, or just one.  In addition to legal custody, the child will live with a parent holding the physical custody of the child.  The other parent will usually have visitation rights based on a court-provided, and parties-agreed upon schedule.  It is also possible for both parents to have physical custody of the child, offering their respective homes for half the time.

The court will consider the best interest of the child in granting custody and visitation.  The factors that the court looks to in determining the best interest of the child are the child’s age, sex, mental and physical health, parent’s mental and physical health, the emotional bond between a parent and child, parent’s lifestyle, if there is history of child abuse, child’s routine, child preference if old enough, access to quality education, parent’s ability and willingness to encourage communication between child and the other parent, and the parent’s ability to provide for the child.  The court sometimes orders a Child Custody Evaluation in helping in determine custody issues.
 

The Marzec Law Firm, PC is conveniently located in downtown Manhattan.  The Firm currently serves clients in New York, New Jersey, Connecticut, California, Florida, and Illinois.  Click here for directions to the New York City office.   

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