Child Custody Information

NEW YORK STATE CHILD CUSTODY: Joint or sole child custody is to be determined according to the best interests of the child.
Neither parent is entitled to a preference.
There are no factors specified in the statute.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 240 and New York Case Law].

New York State: Child Custody
Child’s Bill of Rights
The judicial system in each state considers numerous factors in arriving at a final and proper child custody arrangement. After reviewing all of these factors, the Wisconsin Supreme Court devised a guideline for a child’s rights. These basic rights are upheld in all 50 states:
The right to:
• a continuing relationship with both parents.
• be treated not as a piece of property, but as a human being recognized to have unique feelings, ideas, and desires consistent with that of an individual.
• continuing care and proper guidance from each parent.
• not to be unduly influenced by either parent to view the other parent differently.
• express love, friendship, and respect for both parents: freedom from having to hide those stated emotions or made to be ashamed of such.
• an explanation that the impending action of divorce was in no way caused by the child’s actions.
• not to be the subject and/or source of any and all arguments.
• continuing, honest feedback with respect to the divorce process and its impact on the changing relationships of the family.
• maintain regular contact with both parents and a clear explanation for any change in plans and/or cancellations.
• enjoy a pleasurable relationship with both parents, never to be employed as a manipulative bargaining tool.

The obligation of being a parent does not end after a divorce. It is extremely important to understand that the bond of marriage is completely different from that of parents. This is the most common down fall in today’s society, as a dissolution of marriage takes place so does that of parenting. To avoid difficulty in sharing parenthood after a divorce, try to follow these basic rules:
• Address situations with business-like behavior. If at any time a conversation becomes a little too personal, it might be wise to continue it on a later date.
• Respect and encourage the child’s relationship with the other parent.
• Schedule regular appointments with the ex-spouse to discuss parenting issues.
• Make no assumptions on past behavior.
• Attempt to express and/or show appreciation towards one another as even the simplest comment or action can create a stronger and more effective partnership.
• Never intentionally break or skip appointments. If one can’t be kept, be immediately forthright and honest.
• Do not make individual decisions.
• Be open minded.
• Remember the goals and recognize the benefits as they arise.

CLICK HERE for more information on state custody laws and how they affect your own child custody case.