After a divorce, one of the biggest concerns that may come up if you are a parent is the fact of who will receive the
custody over your children. If you and your spouse are unable to work through a decision together through
mediation there is a chance you may take the case to court in order to fight for the rights to be with your children. However, there are a number of factors that the court will need to take into consideration before they agree to one parent over the other.
The court will first consider the ability for each spouse to care the children. This includes their ability to provide for their children their daily needs including food, shelter, clothing and medical care as needed. Another factor that will be taken into account is the medical history of each parent, both physically and mentally.
This plays a large role in the ability of a partner to care for the child on a long term basis. The child's mental and physical health will also be considered in this process as well as their age and gender. In the event that one or all of the children are over the age of 12 years old, the court will very likely give them the option of choosing where they would rather go rather than being forced one direction.
The court will also take into account the quality of life of the children, and which environment will be best for them. While there are a number of factors that they judge will consider, the last and most important one includes addressing whether one parent has shown any form of abuse or maltreatment to the children.Are you considering a divorce? Are you concerned at all about matters involving child custody
or child support? If so, you may be looking for a divorce attorney in Long Island
who can walk you through this complicating process.
At the Meyers Law Group, we are committed to helping our community with matters of the family, contact us today to learn more!