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Child custody and the law in New York

Family law issues fall under the jurisdiction of the state where the family lives, and the same can be said for child custody issues. Child custody can become a serious matter when parents and even grandparents start fighting over who is supposed to have custody of the children. The following are the laws for child custody in the state of New York.

A child custody agreement is reached in New York using the best interest of the child in all cases. In the state, the courts refer to this as the best interest of the child standard. A host of factors are taken into account by the courts before making their decisions regarding the child custody agreement:

- Any history of domestic violence in the family

- The ability of each parent to care for the child

- The work schedules of each parent

- The physical wellbeing and mental health of each parent

- The ability of the parents to cooperate with each other

- Depending on the age of the child, his or her desire for living arrangements

In the state of New York there are two forms of child custody; legal custody and physical custody. Each of them comes in two types; joint custody and sole custody.

Legal custody is when the parent is allowed to make important decisions for the child. These decisions include religious upbringing, residency, education, health care and more.

Physical custody is when the child lives with the parent most of the time. This means that the parent with physical custody will be considered the primary residence of the child.

In New York, grandparents' rights are taken into consideration when it comes to child custody cases. The visitation rights of grandparents are also allowed in New York. Aside from grandparents, other non-parents are also allowed to petition for visitation rights.

Visit our page today to learn more about the child custody laws in Suffolk County, New York, and your rights in such a case.

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