Legal Question in Family Law in New York
Basics for deciding custody of children
What do judges take into consideration when deciding custody. I know I will win the house in the divorce and my wife works odd hours. Our current baby sitter during the day is my mother not a daycare. I know usually custody goes the the mother but given the facts of odd hours (no set ending time anyday) the sitter factor and the fact I will maintain custody of the home do I stand a chance of getting custody of our 19month old daughter? We make about equal income. I was told before they don't like to change the routine of the child so do these factors favor me?
2 Answers from Attorneys
Re: Basics for deciding custody of children
Custody is to be determined on the basis of the child's "best interests." The factors you describe may be relevant, but if the mother can provide an adequate home and childcare, other issues will decide the case. The child's routine is not as relevant in deciding custody of a 19 month old as it is for a ten year old. Feel free to call me at 212-367-9167 to discuss the specifics of your case. I do not charge a fee for the initial consultation.
Re: Basics for deciding custody of children
Alot depends upon the county and the judge.
Also forensic reports and expert testimony are very important in deciding custody.
Call me at 516 410 4001 for no obligation consultation.
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