Albany Family Law Blog

5 important considerations that impact child custody

Posted by Joanne P. Monagan, Esq. | Feb 14, 2023 | 0 Comments

A divorce can turn your life upside down. As you go through the process, you must also consider your child, who may take the hardest blow out of everyone. Aside from providing them enough attention and support, you and your former spouse must sort out your roles to properly take care of them after the divorce.

Luckily, the court can help you define your roles in terms of custody, which has two parts:

  • Legal: your right as a parent to make decisions regarding your kid's welfare
  • Physical: the parent who physically lives with and cares for your kid every day

The court will appoint custody depending on the circumstances. The judge will examine different factors to set an arrangement that prioritizes your kid's best interest. Still, both parents can ask for custody or visitation rights during the divorce hearing.

The court's considerations

The court will thoroughly review the details of your family life to divide custody of your child. The outcome will always benefit the child, so both parents should plan and compromise to make it work.

They will probe your family's dynamics and consider other factors, including:

  • Who is their primary caretaker
  • The physical and mental health of both parents
  • Any issues in the past that can affect your child's future
  • What your child wants
  • The lifestyles and schedules of both parents

The goal is to set up an arrangement that fulfills your kid's needs.

What should I do after the divorce?

Life after divorce can be an emotional time for children. The best way to take care of them is by giving them stability. You can help them adjust to your new family life by creating a routine and openly communicating with them.

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


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