Legal Question in Family Law in New York

Re: Criteria For Custody

There is no universal criteria. The only absolute is that it must be in the best interest of the children.

I am sorry that I can not be more precise. It is always a facts and circumstances inquiry.

Talk to an attorney about the particulars of your case.

Daniel Clement

Re: Criteria For Custody

When thinking in terms of the "facts & circumstances" inquiry, it is the hard reality that folks often have Perfectly Awful Things to allege against each other & *those* claims and counter-claims become what the court has to try to sort out {bearing in mind that, sometimes, neither the claims nor counter-claims are actually 'true'}.

It is probably still "generally SO" - - all other things being more or less 'equal' - - that mothers have an 'edge', particularly w/re: children as young as 2; particularly if the parties are, essentially, sane, stable & not hurling outlandish accusations against one another.

Good luck.

Regards, etc.,

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<