Understanding the Factors that Affect Sole Custody in New York

When it comes to child custody battles, a common question that parents ask is whether it is difficult to get sole custody in New York. The answer is not straightforward, as there are several factors that judges consider before awarding sole custody to one parent. In this blog post, we will explore these factors and provide you with some useful tips to improve your chances of getting sole custody in New York.

Factor #1: Child's Best Interests

The primary consideration in any custody case is the best interests of the child. New York courts generally believe that children benefit from having a relationship with both parents, but they will prioritize the child's safety, health, and welfare above all else. If you can demonstrate that the other parent is unfit or poses a danger to your child, you may have a better chance of getting sole custody.

Tip: Collect evidence of any abuse, neglect, or substance abuse by the other parent. This can include police reports, medical records, witness statements, and other relevant documents. 

Factor #2: Parenting Skills and Abilities

Another important factor that judges consider is each parent's ability to meet the child's needs and provide a stable and nurturing environment. This includes factors such as the parent's work schedule, living conditions, financial stability, and support system. If you can show that you are the more responsible and capable parent, you may have a stronger case for sole custody.

Tip: Keep a record of your involvement in your child's life, including school activities, doctor's appointments, and other important events. This can demonstrate your commitment to your child's well-being.

Factor #3: Child's Wishes and Preferences

In some cases, the child's wishes and preferences may also be taken into account. However, this is more likely to happen in cases involving older children who are mature enough to express their opinions and preferences. Even then, the judge will consider the child's wishes in the context of the other factors mentioned above.

Tip: Talk to your child about their feelings and concerns regarding custody arrangements, but avoid putting them in the middle of the conflict. Encourage them to express their thoughts in a safe and supportive environment.

What To Do Next:

Getting sole custody in New York is not easy, but it is possible if you can demonstrate that it is in the best interests of your child. By understanding the factors that judges consider and following the tips provided in this blog post, you can improve your chances of success. If you need legal assistance with your custody case, contact the Arnel Law Firm today for a consultation.