Courts in New York State are often called upon to decide the issue of custody. The issue of custody arises for children between the ages of infancy and 18 years of age. Once a child reaches the age of 18 they are emancipated for purposes of custody and/or visitation.

With respect to the underlying issues and principals guiding the court, best interest is always the hallmark. The best interest of the child is determined by the court when it considers various factors, the school and the education of the child; the medical needs. Who is the better parent for clothing the child, for giving the child direction? Who is the better parent that can deal with any psychological issues that may come up?

Who is the better parent that can address the issues of religious education, or worship? Who is the parent that would be most accessible to the child, and help them when they are having developmental issues? These are some of many of the issues that arise when it comes time to decide the issue of best interest of the children.

Both parents are welcome to petition for their right to the custody of the child but in the end, the judge will always ultimately decide which parent they think is more suitable to guide and care for the child. If you feel that your custody agreement is not what it should be, please seek experienced legal counsel to help you determine what the most appropriate next steps are.

If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.