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Who will get the kids?

Who will get the kids?

  • November 20, 2017

New York State considers the best interest of the kids and the circumstances of each party. Ultimately, it would be preferred that both parties can come up with an appropriate agreement.  If they cannot, it is up to the broad discretion of the courts based on factors such as children’s age, parent’s cooperation, ability of parents to care of children, overall health of each parent and the children’s relationships with their parents and immediate families.

A judge may consider:

  • who has been the child’s primary caretaker
  • the quality of each parent’s home environment
  • which parent has the child been living with, and for how long
  • The parent’s ability to provide support for the child (emotional and intellectual)
  • how “fit” each parent is (stable home/ lifestyle, do they have a job, their mental and physical health, good or lack of judgment)
  • are either of the parents being spiteful and not letting the other parent spend time with the child
  • depending on the child’s age, which parent do they want to live with
  • are their other siblings involved and where do they live
  • whether either parent has been abusive
  • domestic violence