When Do the New York Courts Award Sole Custody of the Child
If you’re in a heated custody battle, you may be concerned about losing custody of your children. The New York courts default on the presumption that having both parents in the child’s life is in the best interests of the children. The best interests of the child standard is used to decide all custody arrangements in New York State. In other words, the courts will seek to determine what is in the child’s best interests, and the court believes that it’s usually in the child’s best interests to have both parents in their life. But that isn’t always the case. In this article, the Rockland County divorce lawyers at the Law Office of Robert S. Sunshine will discuss when sole custody is awarded during a divorce.
Four circumstances where sole custody is awarded
There are generally four circumstances in which sole custody is awarded to one parent. These include:
- When one parent has a history of being abusive – The court does not want to put the child in an environment where they’re being abused by another household family member. Nor does it want the child in the house where a family member is abusing another family member. In domestic violence situations, the court will consider the impact of the abuse on the child and often decide that one parent isn’t fit to have custody of the child.
- When one parent has substance abuse issues – If one parent has drug or alcohol abuse issues, the courts will consider this an unstable environment for the child. If the parent’s substance abuse issues impact their ability to raise the child, the courts will almost certainly award full custody of the child to the other parent. The parent with substance abuse issues can always get treatment and file for a modification of child custody later. But they will have to convince the court that the change in circumstances is in the child’s best interests.
- When one parent has untreated or unmanageable mental health problems – If one parent has unmanageable or untreated mental health problems, the court might award sole custody to the other parent. If the parent were to become stable in the future, they could petition the court for custody of their child.
- When one parent has alienated the child – Parental alienation means that they have abandoned the child. If the court finds that the parent has abandoned the child, then they will likely award full custody to the other parent.
It’s important to note that custody arrangements can be modified later. If a parent has current substance abuse issues but seeks treatment, they may be able to establish that it’s in the child’s best interests for them to have custody. They can, at the very least, change the circumstances of their visitation schedule if they have been denied visitation or only awarded supervised visitation.
Talk to a Westchester County, NY Divorce Lawyer Today
The Law Office of Robert S. Sunshine represents the interests of New York residents who are pursuing a divorce. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your case right away.
