What are the Grounds for Granting Sole Custody in New York State?

The State of New York takes a vested interest in the welfare of its children. While raising your children according to your own beliefs is a fundamental right granted to all parents in the United States, it can be taken away under the right circumstances. Ultimately, New York State uses a “best interests of the child” standard to determine whether or not a parent is fit to raise their own child. If it is not in the best interests of the child to have the parent remain in control of their life, then the courts could decide to deny that parent custody. The court takes the matter quite seriously and must offer reasons why the parent should be denied custody of their child. In this article, the Westchester County, NY, child custody lawyers at the Law Office of Robert S. Sunshine will discuss the grounds the court uses to grant sole custody of a child to one parent and deny it to the other.

Parental unfitness as a ground for denying custody 

Generally speaking, the courts favor joint custody agreements that allow the child to interact with both of their parents. However, they will deviate from the presumption that it is in the best interests of the child to have both parents play a vital role in their life when there is evidence of parental unfitness. The following allegations can all be used as evidence that a parent is unfit to raise their child:

• Abuse and neglect – Any history of physical, sexual, or emotional abuse (including neglect) of the child is considered a major factor when denying one parent custody of their children.

• Substance abuse – Evidence of a current drug or alcohol abuse problem can be used as evidence that one parent is unfit to raise the child. The court would need to find evidence that the substance abuse is current. Evidence of past substance abuse is not a reason to deny a parent custody of their children.

• Mental health problems – If one parent has untreated mental health problems that impact their ability to provide a nurturing environment for their child or endanger their child, the court could award sole custody to one parent.

• Criminal conduct – The courts will gauge the moral fitness of a parent when determining whether or not they should have custody of their children. A criminal conviction could be seen as evidence of an immoral lifestyle that would negatively impact the child’s well-being.

• Domestic violence – Evidence of domestic violence within the household can establish that a parent is unfit to raise their children. The courts will consider all evidence of domestic violence seriously. This includes violence against another spouse (not just violence aimed at the children).

Talk to a Westchester County, NY, Child Custody Attorney Today 

Looking for a child custody lawyer in Westchester County? Call the Westchester County family lawyers at the Law Office of Robert S. Sunshine today to schedule an appointment and learn more about how we can help.