Clement Law

Child Custody

The issue of child custody is perhaps the most emotionally charged aspect of divorce.
Under New York Law, the best interest of the children is the standard to determine who should have primary physical custody of the children.

There are two forms of custody, legal and physical.

Legal custody refers to the decision making with regard to health, education, and welfare of the children. Legal custody can be granted to one or both parents.

Physical custody refers to where the child lives. One parent may have sole physical custody, and the other may have visitation rights. It is possible for both parents to have physical custody, which means the children will split their time and reside with each parent for an agreement period of time.

The non-custodial parent will have visitation or parenting time with the children. The visitation time is generally contained in a schedule.

In a contested custody battle, custody of the children is determined through an exhaustive examination of the totality of the circumstances to determine the "best interests of the children ." In determining what is in the best interest of the children, a court will consider many factors, including:

a) the pre-existing custodial arrangement;
b) who is the primary caretaker of the child;
c) the historical relationship of the child and the parents;
d) the financial status and ability of each parent to provide for the child;
e) what is the nurturing ability of the parents;
f) who has better judgment;
g) the desirability of keeping siblings together;
h) the wishes of the child, if of sufficient age and maturity;
i) the parents' lifestyles, including substance abuse or chemical addiction of a parent;
j) the parents' religion;
k) whether a parent will encourage or discourage visitation;
l) continuity of a stable environment;
m) the age of the child;
n) a parent's neglect or abuse of the child;
o) the quality of each parents' home environment;
p) the parental guidance each parent provides for the child;
q) the ability of each parent to provide for the child's emotional and intellectual development;
r) the relative fitness of the respective parents including their mental condition; and
s) the length of time the present custody arrangement has been in effect

All of the issues surrounding child custody can be re-visited as the need arises. A common reason to re-consider child custody arises when one parent wishes to re-locate with the child.
Contact Clement Law in connection child custody, relocation or visitation issue.


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Divorce Annulment Equitable Distribution Maintenance Alimony Agreements Child Custody Child Support Collaborative Law Pre-Nuptial Post-Nuptial Separation Child Custody The issue of child custody is perhaps the most emotionally charged aspect of divorce. Under New York Law, the best interest of the children is the standard to determine who should have primary physical custody of the children. There are two forms of custody, legal and physical. Legal custody refers to the decision making with regard to health, education, and welfare of the children. Legal custody can be granted to one or both parents. Physical custody refers to where the child lives. One parent may have sole physical custody, and the other may have visitation rights. It is possible for both parents to have physical custody, which means the children will split their time and reside with each parent for an agreement period of time. The non-custodial parent will have visitation or parenting time with the children. The visitation time is generally contained in a schedule. In a contested custody battle, custody of the children is determined through an exhaustive examination of the totality of the circumstances to determine the "best interests of the children ." In determining what is in the best interest of the children, a court will consider many factors, including: a) the pre-existing custodial arrangement; b) who is the primary caretaker of the child; c) the historical relationship of the child and the parents; d) the financial status and ability of each parent to provide for the child; e) what is the nurturing ability of the parents; f) who has better judgment; g) the desirability of keeping siblings together; h) the wishes of the child, if of sufficient age and maturity; i) the parents' lifestyles, including substance abuse or chemical addiction of a parent; j) the parents' religion; k) whether a parent will encourage or discourage visitation; l) continuity of a stable environment; m) the age of the child; n) a parent's neglect or abuse of the child; o) the quality of each parents' home environment; p) the parental guidance each parent provides for the child; q) the ability of each parent to provide for the child's emotional and intellectual development; r) the relative fitness of the respective parents including their mental condition; and s) the length of time the present custody arrangement has been in effect All of the issues surrounding child custody can be re-visited as the need arises. A common reason to re-consider child custody arises when one parent wishes to re-locate with the child. Contact Clement Law in connection child custody, relocation or visitation issue.